Central Information Commission
Mr.M Sabarinathan vs Ministry Of Defence on 3 September, 2012
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/LS/A/2011/000898
Appellant : M. Sabarinathan
Respondent : Ordnance Factory, Trichy (Tamilnadu)
Date of hearing : 3.9.2012
Date of decision : 3.9.2012
FACTS
Heard today dated 3.9.2012. Appellant present along with Adv. R. Shivaprakasam. However, nobody has appeared for the Factory despite notice, which is not appreciated.
2. The matter, in short, is that the appellant had filed a Writ Appeal (MD) No. 316 of 2007 in the Madurai Bench of Madras High Court for directing the Management of the Ordnance Factory, Trichy, to make recruitment of skilled and semi skilled workers only after the vacancies had been notified to the Employment Exchange and the names sponsored by such Exchange. On a thoughtful consideration of the matter, the High Court passed a detailed order dated 14.12.2007. The operative para of the order is reproduced below:-
"13. On a careful reading of the decisions of th Apex Court, cited by both the counsel, and also the records ,we deem it appropriate to follow the principles laid down in U.P. State Road Transport Corporation and another v. U.P. Parivahan Nigam Shishukhs Berozgar Sangh and others, 1995 (2) SCC 1, and Excise Superintendent, Malkapatnam, v. K. B. N. Visweswara Rao, 1996 (6) supreme Court Cases 216, and hold that the requisitioning department should call for the list of eligible candidates from employment exchange and the apprentice department of undertaking of establishment shall invite candidates by publication in newspapers and other media, and then consider the cases of all the candidates, who have applied, and, in the selection process, other things being equal, trained apprentices shall be given preference. The said procedure shall be adopted on future occasions and the appointments made hitherto shall stand unchanged."
3. It is, however, the appellant's contention that the aforesaid High Court order has been violated by the Management of the Factory in letter and spirit inasmuch as they continue to make recruitment in the above ranks without notifying the vacancies to employment exchange and in the print media. It is his allegation that hundreds of appointments have been made in gross violation of the High Court ruling. In this connection, vide RTI application dated 25.11.2010, the appellant and 09 others had sought information about the recruitments made w.e.f. 14.12.2007. This was responded to by the Assistant Works Manager vide letter dated 6.5.2008 vide which some information was supplied to the appellant.
4. Dissatisfied with the above, the appellant has filed the present appeal.
5. After hearing Adv. R. Shivaprakasam and after perusing the impugned High Court order (which has been upheld by the Supreme Court of India), I am left with the impression that the Management of the Factory is in contempt of the High Court. But that is not my concern. My concern is that the provisions of the RTI Act are implemented by the CPIO of the Factory in letter and spirit. In the facts and circumstances of the case, the following order is passed:-
(a) The appellant or his representative may be given information about the recruitment of skilled or semi skilled workers made by the Factory w.e.f. 14.12.2007, year-wise. This information will include names of the recruitees, their date of birth and their State of domicile.; &
(b) The appellant or his representatives may be given inspection of the entire records relating to the recruitments so made.
6. This information / inspection will be supplied to the appellant in two weeks time, free of cost, after the receipt of this order.
7. As the CPIO of the Factory has not appeared before the Commission, I spoke to Shri T. J. Konger, Director, Ordnance Factory Board, Kolkata, on telephone. A copy of the Commission's order along with the CPIO's order may be faxed to him today itself on his fax No. 033-22486203. Shri Konger will ensure that the Commission's order is complied with as mandated herein above.
Sd/-
(M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(K L Das) Dy. Registrar Address of parties
1. The Director & CPIO M/o Defence, Ordnance Factory Board, 10-A, S K Bose, Kolkata-1
2. Shri T. J. Konger Director, M/o Defence, Ordnance Factory Board, 10-A, S K Bose, Kolkata-1
3. Shri M Sabrinathan 2/ 248-B, NPS Colony, Kumbakudi, Happ, Trichy-620025