Manoj Dutta vs Employees State Insurance Corporation on 12 March, 2020

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Central Information Commission

Manoj Dutta vs Employees State Insurance Corporation on 12 March, 2020

Bench: Vanaja N Sarna

                            क य सच  ु ना आयोग
                    CENTRAL INFORMATION COMMISSION
                             बाबा गंगनाथ माग
                            Baba Gangnath Marg
                        मु नरका, नई द ल - 110067
                        Munirka, New Delhi-110067

                                  Decision no.: CIC/ESICO/A/2018/173872/03018
                                              File no.: CIC/ESICO/A/2018/173872
In the matter of:
Manoj Dutta
                                                                 ... Appellant
                                              VS
CPIO / AD(A),
ESI - PGIMSR, ESIC Medical College and
ESIC Hospital & ODC Joka
Diamond Harbour Road, Kolkata- 700104
                                                                ...Respondent

RTI application filed on : 09/10/2018 CPIO replied on : 26/10/2018 First appeal filed on : 05/11/2018 First Appellate Authority order : 15/11/2018 Second Appeal dated : 18/12/2018 Date of Hearing : 11/03/2020 Date of Decision : 11/03/2020 The following were present:

Appellant: Present over VC Respondent: Shri Samiran Das, Assistant Director & CPIO, present over VC Information Sought:

The appellant has sought the following information:

1. Date of implementation of the circulars having No. D-15/11/Towels/81- 83/Genl dated 01.08.2008 and No. D-15/11/Towels/81-83/Genl dated 24.01.2011.

2. Reason for non-receipt of any towel by the appellant as mentioned in above circulars.

3. Whether the contractual employee is entitled to get the towel.

4. Copy of indent of towel issued by the store.

Grounds for Second Appeal The appellant stated in his second appeal that he was not satisfied with the information provided by the CPIO.

Submissions made by Appellant and Respondent during Hearing:

The appellant contested the reply of the CPIO on points no. 1, 2 & 3 of the RTI application.

The CPIO submitted that an appropriate reply was given to the appellant on 26.10.2018.

Observations:

From a perusal of the relevant case records, it is noted that except for point no.1, all other points were adequately replied to by the CPIO vide his letter dated 26.10.2018. On point no. 1, the appellant wanted to know the date of implementation of the circulars dated 01.08.2008 and 24.01.2011. The CPIO in his reply has simply stated that implementation is done after issuance of the circular. This reply cannot be considered as a complete and specific reply and therefore, the CPIO is directed to give complete information on this point to the appellant clearly stating the date of implementation of these circulars as available on their records.

Decision:

In view of the above, the CPIO is directed to give a revised reply to the appellant on point no. 1 as per the discussions held during the hearing within a period of 10 days from the date of receipt of this order under intimation to the Commission.

The appeal is disposed of accordingly.

Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आय! ु त) Authenticated true copy (अ भ मा णत स या पत त) 2 File no.: CIC/ESICO/A/2018/173872 A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 3

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