Central Information Commission
A. Nagaraj vs Armoured Vehicles Nigam Ltd (Avnl) on 19 July, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग ,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/ARVNL/A/2023/148469
A. Nagaraj ... अपीलकता /Appellant
VERSUS
बनाम
CPIO:
Engine Factory Avadi, ... ितवादीगण/Respondents
Avadi, Chennai
Relevant dates emerging from the appeal:
RTI : 12.06.2023 FA : 07.08.2023 SA : 06.11.2023
CPIO : 11.07.2023 FAO : 05.09.2023 Hearing : 09.07.2024
Date of Decision: 18.07.2024
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Appellant filed an RTI application dated 12.06.2023 seeking information on the following points:
(i) Whether Safety Committee was constituted in EFA? If so, the details of its Chairman, Secretary and Members Name and designation are required.
(ii) Whether Safety Committee Meeting is conducted properly every 3 month once?
If so, the dates of safety committee meeting held from 01.01.2022 are required.
Page 1 of 6(iii) If safety committee meeting conducted properly in Engine factory, action taken details and Minutes of the meeting held from 01.01.2022 to till date are required.
(iv) What are the PPE items issued to A. Nagraj, Machinist SK T.No.21314/1490 Section SPS from 09.04.2018 in FMS section and which dates PPE items issued. True copy of Issue Register required as details.
(v) In Engine Factory, copy of issue registers for issue of PPE items to the employee working in FMS, New MPS, MPS, SPS, Heat treatment, EAS-I, EAS-II, Tool Room, T90 sections are required in section wise from 2022.
(vi) In Engine Factory, true documents of purchase requisition of PPE items from 01.01.2022 required as details.
(vii) In EFA whether the EOT crane and fork lift vehicles are operated with fitness certificate. If so, the copies of document w.e.f. 01.01.2022 may be provided.
(viii) If any employees from 01.01.2022 to till date have given complaint to CGM regarding non-issuance of PPEs. If so, the copies of complaint letter required as information.
(ix) Follow up action taken by CGM on the complaint letter regarding PPEs is required as details.
(x) Whether Shri. S. Kumar Jt. Director (Factory Safety & Health) Tiruvallur has carried out safety Inspection in FMS section on 02.02.2023? If so, its details are required as information.
(xi) If Shri. S. Kumar, Jt. Dir (Industrial Safety and Health, Tiruvallur) has carried out any Inspection in FMS/EFA, whether he has given any inspection report to EFA Management. If so, the true copies may be provided. EFA gave any reply on the Inspection report? If so, its true copy is required as details.
(xii) What are all the documents (Registers) to be maintained regarding safety in EFA as per the factory Act 1948 and amended Act 1949 and TN Factory Act 1950. If the same was maintained, the copies of the registers are required.
Page 2 of 62. The CPIO replied vide letter dated 11.07.2023 and the same is reproduced as under:-
i. The details available in EFA circular no. EFA/E/FB&S/014 dated 24.01.2023.
Copy of the same can be provided on payment of Rs.2/- (Rupees two only) (Rs.2*1 page).
ii. Safety Committee Meeting held on 20.10.2022, 25.01.2023 and 19.04.2023. iii. The required copies can be provided on payment of Rs.10/- (Rupees Ten Only) (Rs.2*5 pages).
iv. The required copies can be provided on payment of Rs.6/- (Rupees Six Only) (Rs.2*3 pages).
v. The required copies can be provided on payment of Rs.26/- (Rupees Twenty Six Only) (Rs.2*13 pages).
vi. The required copies can be provided on payment of Rs.4/- (Rupees Four Only) (Rs.2*2 pages).
vii. The required copies can be provided on payment of Rs.24/- (Rupees Twenty Four Only) (Rs.2*12 pages).
viii. No such complaint received in this regard.
ix. Not applicable.
x. Yes, no further details available.
xi. No such inspection report received.
xii. The required copies can be provided on payment of Rs.4/- (Rupees Four Only)
(Rs.2*2 pages).
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 07.08.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 05.09.2023 stated that:
viii: The applicant's complaint letter dated 27.12.2022 addressed to CGM is regarding non-receipt of complaint letter by HOS/FMS.Page 3 of 6
Issuance of PPE was only mentioned in that letter. However, main request in the letter was to take action against HOS/FMS for refusing to receive complaint letter.
Therefore, PIO reply is upheld.
ix: In view of reply to pt. 8 above, PIO reply is upheld.
x: PIO had replied as 'Yes' i.e., Shri. S. Kumar, Jt. Director (Factory Safety & Health), Tiruvallur had inspected on 22.02.2023. Further, the details required not specific. Therefore, PIO reply is upheld.
xi: You have enclosed the Inspection report dated 28.02.2023. PIO has replied as per the information received from the information holder.
EFA had received the Inspection report dated 28.02.2023 sent by Jt. Director on 02.03.2023. However, the same is not traceable.
Further, it is hereby stated that, EFA will ask Jt. Director (Industrial Safety and Health, Tiruvallur) to forward a copy of the inspection report dt. 28.02.2023 for necessary action at EFA.
4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 06.11.2023.
5. The appellant and on behalf of the respondent Shri Atul Khare, General Manager and Shri K. Shankar, Joint General Manager, attended the hearing through video conference.
6. The appellant inter alia submitted that the information provided by the respondent was incomplete and misleading. He further argued that he had sought the inspection report conducted by the concerned industrial safety authorities regarding non-provision of personal protective equipment to the workers in the Engine Factory. However, the respondent had not furnished the same, so far.
Page 4 of 67. The respondent while defending their case inter alia admitted the delay in furnishing the information was caused at the end of Thiruvalur Office and the same is now available. They assured to provide the copy of the inspection report to the appellant. However, the remaining points in the RTI application were non-specific in nature and a suitable response was given to the appellant.
8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that the FAA had given revised reply in addition to the CPIO's reply dated 11.07.2023, wherein it was made clear that the Inspection report dated 28.02.2023 sent by Jt. Director on 02.03.2023 was not traceable. However, during the hearing the CPIO stated that the report was placed on record on 10.10.2023. In view of the latest position brought out by the respondent, the CPIO is directed that copy of the inspection report, after redacting details exempted under Section 8 (1) of the RTI Act, shall be furnished to the appellant within 15 days from the date of receipt of this order, under intimation to the Commission. In term of the remaining points in the RTI application, an appropriate reply has been given by the CPIO and no further action lies to that extent. With these observations and directions, the appeal is disposed of.
Copy of the decision be provided free of cost to the parties.
Sd/-
आनंदी राम लंगम)
(Anandi Ramalingam) (आनं म
सूचना आयु )
Information Commissioner (सू
दनांक/Date: 18.07.2024
Authenticated true copy
Col S S Chhikara (Retd) कन ल एस एस िछकारा, ( रटायड ) Dy. Registrar (उप पंजीयक) 011-26180514 Page 5 of 6 Addresses of the parties:
1. The CPIO M/o. Defence, Engine Factory Avadi, GM & CPIO, Unit Of Armoured Vehicles Nigam Limited, Avadi, Chennai-600054
2. A. Nagaraj Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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