Central Information Commission
Hari Narayan Mahajan vs National Textiles Corporation Ltd. on 19 July, 2018
क यसूचनाआयोग
CENTRAL INFORMATION COMMISSION
बाबागंगानाथमाग
Baba Gangnath Marg,
मुिनरका,
नरका नई द ली -110067
Munirka, New Delhi-110067
Tel: 011 - 26182593/26182594
Email: [email protected]
File No: CIC/NTCLD/A/2017/120884
In the matter of:
Hari Narayan Mahajan
...Appellant
Vs.
CPIO, National Textile Corporation Ltd
Western Region Office
NTC House, 15 N M Marg, Ballard Estate
Mumbai 400001
...Respondent
Dates
RTI application : 12.09.2016
CPIO reply : 16.11.2016, 28.02.2017.
First Appeal : 02.01.2017
FAA Order : 15.02.2017
Second Appeal : 21.03.2017
Date of hearing : 11.07.2018
Facts:
The appellant vide RTI application dated 12.09.2016 sought information regarding the implementation of the recommendations of the IVth and Vth pay Commissions to the CDA & IDA employees working in the NTC offices and all mills under the company NTC Ltd as a whole on seven points as per the format submitted by the appellant in his RTI application as under:
1. Date of implementation of pay scale revision.
2. Effective date of implementation of pay scale revision.1
3. Whether the implementation had been done as per the court order/direction, if yes, the details of case nos. in which the requisite order(s) had been passed by the competent court. If no order has been passed by any court, then under whose order such revision of the pay scale had been implemented by the NTC Ltd.
4. No. of Office memorandum passed by the relevant department, i.e. Dept of Public enterprises in this regard.
5. Other related information.
The CPIO replied on 16.11.2016. The appellant was not satisfied with the reply of the CPIO and filed first appeal on 02.01.2017. The First Appellate Authority (FAA) disposed of the appeal by virtue of its order dated 15.02.2017. In compliance with the FAA order, the CPIO provided a revised reply on 28.02.2017. Aggrieved with the non-supply of the desired information from the respondent authority, the appellant filed second appeal under the provision of Section 19 of the RTI Act before the Central Information Commission on 21.03.2017.
Grounds for Complaint The CPIO did not provide the desired information.
Order
Appellant : Present
Respondent : Shri P.R. Mishra,
Deputy Manager (Legal) cum CPIO,
National Textile Corporation Limited
During the hearing, the respondent CPIO submitted that they had provided the requisite replies vide their letters dated 16.11.2016 and 28.02.2017 and the First Appellate Authority (FAA)'s order dated 15.02.2017. He further submitted that reply on point no. 6 was already provided on 28.02.2017 and again on 07.03.2017. The replies furnished to the appellant are just and proper and hence the case might be dismissed.
2The appellant contested replies on point nos. 5, 6 and 7 of the stated RTI application only.
On perusal of the relevant case record, it was noted by the Commission that proper reply was not provided to the appellant on point nos. 5(a) & 7 of the said RTI application. A more comprehensive reply should have been provided to the appellant as all the sought for information is eminently disclosable under the relevant provisions of the RTI Act. The respondent submitted that information on both of these points is available with the head office. The respondent authority is directed get the information from the head office, taking assistance u/s 5(4) of the RTI Act and provide the same to the appellant.
On point no. 5(b) of the said RTI application, the respondent authority is directed either to provide information or submit an affidavit stating that necessary records has been weeded out/destroyed.
On point no. 6, requisite information was already provided to the appellant on 28.02.2017 which is considered as just and proper by the Commission.
In regard to point 7 of the above stated RTI application, clear and categorical reply should be provided to the appellant.
Be that as it may, since no desired information was provided to the appellant in the present case, the respondent CPIO is directed to provide revised point wise reply on point nos. 5(a), 5(b) and 7 of the above mentioned RTI application, complete in all respects to the appellant as available on record in the form of certified true copies of the documents sought e.g. note sheets, letters, correspondences, e-mails etc.(legible copies), free of charge u/s 7(6) of the RTI Act within 15 days of the receipt of the order. For this purpose, the concerned CPIO/PIO, can take assistance of any other office/department u/s 5(4) of the RTI Act.
The respondent CPIO is further directed to send a report containing the copy of the revised reply and the date of despatch of the same to the RTI appellant within 07 days thereafter to the Commission for record.
3On point no. 6, in case the relevant records are not available even after thorough search, the present respondent CPIO, is directed to submit an affidavit indicating the date of destruction / weeding out of the said records along with a copy of the order of the competent authority authorising such destruction / weeding out within one month of the receipt of this order with a copy duly endorsed to the appellant within the same time period.
With the above observation/direction, the appeal is disposed of. Copies of the order be sent to the concerned parties free of cost.
[Amitava Bhattacharyya] Information Commissioner Authenticated true copy (A.K. Talapatra) Deputy Registrar 4