Central Information Commission
Shri.Harpal Singh Yadav vs Ministry Of Labour And Employment on 16 December, 2013
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/BS/A/2012/001702/4134
16 December 2013
Relevant Facts emerging from the Appeal:
Appellant : Mr. Harpal Singh Yadav
C-112, Som Bazar Road,
Jiwan Park,
New Delhi - 110059
Respondent : CPIO & Assistant Labour Commissioner (C)
M/o Labour & Employment
Jeewan Deep Building, 4th Floor,
Parliament Street,
New Delhi - 110001
FAA/Deputy Chief Labour Commissioner (Central)
M/o Labour & Employment
Kendriya Sadan,
Sector-9A
Chandigarh
RTI application filed on : 14/05/2012
PIO replied on : 25/05/2012
First appeal filed on : 12/08/2012
First Appellate Authority order : 13/09/2012
Second Appeal received on : 18/10/2012
Information sought:
The appellant had sought following information related to office letter no. ALC-II/36(1288)/2010 dated 08/06/2011 wherein intimated about the cheque of Rs.1,09,946/- dated 08/11/2010 dispatched on the given address as per authorization:
i- That the cheque no. and date as well as name, designation and office of the issuing/signing authority of the cheque in question may please be provided. ii- That in order to confirm whether the said cheque was actually preferred in any bank or not, date of debit of the said amount of cheque i.e. Rs.109946/- may please be provided from the office records and name of that office from which the cheque under reference was debited;
iii- That in case the said cheque was preferred in any bank and debited also from the office account then the name of the bank and account number in which credited the above said amount.
iv- That the period of validity of the said cheque under reference may please be provided. v- That the name of the person who had received the said cheque under reference and date of acknowledgement of the said cheque may please be provided.Page 1 of 3
vi- That the name, designation and office of the authority empowered to issue the fresh cheque in case earlier cheque under reference was not delivered to the addressee.
Grounds for the Second Appeal:
The PIO has not given the complete and satisfactory information.
Relevant Facts emerging during Hearing Held on 29/10/2013: The following were present Appellant: Mr. Harpal Singh Yadav (Mr. Brijesh Kr. Yadav M: 9810910351) Respondent: Absent The appellant stated that he has not been provided the complete and correct information in response to his RTI application dated 14/05/2012. He stated that he is running from pillar to post for getting a duplicate cheque issued but the respondents have not bothered to take any action in spite of numerous requests. He pointed out that he is a retired employee of the MCD and the amount of Rs. Rs.1,09,946/- represents his enhanced gratuity and he is facing acute hardship for the last three years due to non receipt of his legitimate dues. The CPIO, inspite of being noticed for this hearing, is not present for making his submissions/contesting the facts.
Interim Decision notice dated 29/10/2013:
It is seen that the Commission in a similar matter vide its decision dated 26/9/2011 file no. CIC/LS/A/2011/001775 (Shiv Prasad vs BSNL) has held as under:
"4. Needless to say, a retiring employee duly earns his pension and other retirement benefits. The Competent authority does not do him a favour in granting what is due to him.
In fact it is the bounden duty of the competent authority to give all benefits which legitimately belong to a retiring official. The delay in the grant of pension and retirement benefits cannot be countenanced.
5. In the premises, we direct the General Manager, BSNL, Mathura, to take the following steps in the matter:
(i) To cause an enquiry into the late payment of pension and other retirement benefits to the appellant and fix responsibility of the erring officials for appropriate action at his end."
Following the ratio of the above decision we direct the FAA/Deputy Chief Labour Commissioner (Central) Chandigarh to cause an enquiry to be conducted into the matter and fix responsibility for not issuing duplicate cheque to the appellant for payment of his gratuity. The enquiry report as aforesaid should be submitted to the Commission on or before 30/11/2013.
The matter is adjourned for 16/12/2013 at 04.00 PM with a direction that the FAA/Deputy Chief Labour Commissioner (Central) should ensure that the CPIO attends the next hearing without fail along with his written explanation for not being present for this hearing.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Brijesh Kumar Yadav appellant's representative Respondent: Mr. Tej Bahadur CPIO & Mr. S K Das The appellant's representative stated that the cheque has been released but the name of the person receiving the cheque is yet to be provided. The CPIO stated that the cheque was dispatched by registered post on 25/11/2010 addressed to Shri Harpal Singh Yadav c/o Mr. Sajnay Page 2 of 3 Gupta, 28, Anand Vihar, Pitam Pura, Delhi 110034. The appellant's representative pointed out that the respondent in their reply dated 25/05/2012 have stated that the cheque was sent by registered post but the acknowledgement is not available as it was not sent by registered A.D., however, they have not provided the name and address of the person to whom the cheque was mailed/delivered. The CPIO produced a copy of the claim application submitted by the appellant and clarified that as per the gratuity act the cheque is required to be dispatched to the address given in the said application and he also produced a copy of the authorization submitted by the appellant requesting for delivery of the cheque to his AR. The appellant's representative pleaded that a report giving full facts of the matter as brought out above should be provided.
Decision Notice:
The CPIO is directed to provide a report as above to the appellant within 15 days from the date of receipt of this order.
The appeal is disposed of accordingly.
BASANT SETH Information Commissioner Authenticated true copy:
(A.K.Jha) Deputy Secretary and Deputy Registrar Page 3 of 3