Central Information Commission
Rabinder Singh vs Labour Department Delhi on 30 August, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/LBDPD/A/2023/123455
Rabinder Singh .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
O/o the Deputy Labour Commissioner
Employment Exchange Building, Pusa Road,
New Delhi-110012. ....प्रनर्वािीगण /Respondent
Date of Hearing : 23.08.2024
Date of Decision : 29.08.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 25.01.2023
CPIO replied on : Not on record
First appeal filed on : 07.03.2023
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 24.05.2023
Information sought:
The Appellant filed an RTI application dated 25.01.2023 seeking the following information:
I had filed my Claim u/s 17 (1) of the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 and the matter was lastly listed on 11.07.2022 and 10.08.2022. Though the matter was listed for 21.11.2022 the case did Page 1 of 4 not come up on that day and thereafter the same is untraceable. Other cases connected with my case has been referred to the Labour Court.
I, therefore, request you to inform me under the RTI Act, the present status of my case.
Having not received any response from the CPIO, the appellant filed a First Appeal dated 07.03.2023. The FAA order is not on record.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Not Present.
Respondent: Dr. Pushpa, Labour Officer & SPIO present in person.
Written submissions dated 22.08.2024 of the Respondent are taken on record and the same is reproduced hereinbelow:
"This is with ref. to the subject sited above. In this connection it is inform to you that the RTI file with respect to RTI application dated 25.01.2023 of the then SPIO is not traceable, however efforts are being made to trace the same. Therefore, it is to request you to kindly give some time to locate the concerned file. It is moreover, pertinent to inform you that during the hearings held before the FAA in the month of November 2023, it has been brought to the notice of competent authority that his grievance is mainly regarding disposal of his claim filed under working journalist Act 1955. Consequent upon that the appeal was disposed off, considering his claim application u/s l7(1) of the Working Journalist and other Newspaper Employees (Conditions of Service) And Miscellaneous Provisions Act, 1955 for recovery of amount due to the applicant. Accordingly notices have been issued to the management of M/s. Statesman Ltd. The next date of hearing in the said matter is fixed for 19.09.2024 in the presence of Sh. Ravinder Singh".
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing the Respondent and perusal of the records, observes that the Appellant in his second appeal is aggrieved that till date information has not been provided to him by the Respondent.Page 2 of 4
On the other hand, the Respondent, during the hearing, apprised the Commission that RTI file with respect to RTI application dated 25.01.2023 is not traceable in their office. However, the Respondent in their written submissions had informed the next date of hearing of claim petition i.e. 19.09.2024.
The Commission observes that merely stating that the RTI file of the Appellant is not traceable in their records is not a ground to escape from the provisions of the RTI Act. If the file is not traceable then the Respondent should explain the efforts made by him/her in searching the records/concerned file. There is no doubt in the fact that the RTI application/first appeal of the Appellant is not received in their office as the Appellant had annexed postal receipts in his second appeal.
In view of the above, the Respondent is directed to send their fresh written submissions to the Appellant with a copy uploaded on the link provided by the Commission (ref. para 4 of the hearing notice) explaining him complete facts of the case along with the reasons for non-availability of the RTI file of the Appellant and efforts made to search said file. The directions of the Commission should be complied within a week from the date of receipt of this order.
The FAA is directed to ensure compliance with this order.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 3 of 4 Copy To:
The FAA, O/o the Deputy Labour Commissioner Employment Exchange Building, Pusa Road, New Delhi-110012.Page 4 of 4
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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