Central Information Commission
Ravi Kumar Soi vs Directorate General Defence Estates ... on 27 May, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No : CIC/DIGDE/A/2023/618486
Ravi Kumar Soi .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
Office of the Cantonment Board, 83,
Jhoke Road, Ferozepur Cantt.
Punjab -152001. ....प्रनर्वािीगण /Respondent
Date of Hearing : 22.05.2024
Date of Decision : 24.05.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 19.10.2022
CPIO replied on : 17.11.2022
First appeal filed on : 15.12.2022
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : Nil
Information sought:
The Appellant filed an RTI application dated 19.10.2022 seeking the following information:
As mentioned in CBR No5 of Cantonment Board meeting held on 23/09/2020 the Board resolved that the emergency tender be floated for supply of Manpower till that time the Board must pay the contractual staff directly It is therefore requested to kindly supply me the following information and documents as Cantonment Board engaged staff for conservancy services and other services teaching and nonteaching staff in Cantonment Board Schools directly for providing services during the months of October 2020 and Page 1 of 4 November 2020 as the new tenders were executed by the Board from 1/Nov/2020 own wards
1. It is requested to kindly supply me certified copies of all payment vouchers along with Muster rolls report of Sanitation section report of Account Section along with details of payment of wages made as per Minimum wages Act to the Contractual staff directly which was engaged by the Board for the months of Oct Nov 2020
2. Also supply me certified copy of Contract Labour License under Contract Labour Regulation Abolition Act 1971 obtained by Cantonment Board Ferozepur before commencement for engaging Contract Labour for the month Oct & Nov 2020.
3. Kindly supply me certified copies of sanction obtained from higher authorities for directly engaging approx. 400 workers staff by Cantonment Board Ferozepur for 2 months ie Oct 2020 & Nov 2020
4. Kindly supply me certified copy of guidelines in respect of age medical fitness character verification police verification etc which were followed by Cantonment Board Ferozepur before commencement for directly engaging workers staff on contract basis during the months of October 2020 & November 2020
5. Kindly supply me certified copy of guidelines administrative instructions issued by DGDE to all CEOs for engaging workers staff on contract basis in the department on the basis of which Cantonment Board Ferozepur engaged approx. 400 workers staff on contract basis for the month of Oct & Nov 2020.
6. Kindly supply me certified copies of EPF deposition of workers staff which were deposited by Cantonment Board Ferozepur in their EPF accounts for the month of Oct & Nov 2020 The CPIO furnished a reply to the Appellant on 17.11.2022 stating as under:
The reply to point (i) of your application is given below :-
No such payment voucher of the said period are available.
Being dissatisfied, the appellant filed a First Appeal dated 15.12.2022. 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: Present through Video-Conference.Page 2 of 4
Respondent: Shri Satish Kumar, Sub-Divisional Engineer & PIO representative of the Public Authority present through Video-Conference.
Written submissions of the Appellant are taken on record.
(Total number of 15 second appeals of the Appellant are listed today for hearing before the Commission) Shri Satish Kumar, during the hearing, submitted that he is one of the PIOs in the cases listed today for hearing. Each RTI application of the Appellant is dealt by different PIOs. However, most of the staff of their Public Authority is engaged in Election duty from last 15 days. Therefore, he is unable to bring relevant files for hearing and is unable to assist the Commission.
The Appellant, during the hearing, reiterated the contents of his RTI application and instant appeal and submitted that no information has been provided to him by the Respondent on point Nos. 2 to 6 of the RTI application. He has only received information on point No. 1 of the RTI application.
Decision:
The Commission after adverting to the facts and circumstances of the case, and perusal of the records, observes that the Appellant is aggrieved that complete information was not provided to him by the Respondent till date. The Commission observes that the Respondent has furnished information only on point No. 1 of the RTI application. There is nothing on record to show that any response was given by the Respondent on point Nos. 2 to 6 of the RTI application.
The Commission observes that the Appellant has sought such basic information viz. copy of guidelines in respect of age medical fitness character verification police verification; copy of guidelines administrative instructions issued by DGDE to all CEOs for engaging workers staff on contract basis in the department on the basis of which Cantonment Board Ferozepur engaged approx. 400 workers staff on contract basis for the month of Oct & Nov 2020, etc. which can be furnished under the RTI Act. Further, the Respondent can furnish the total amount of EPF deposited of workers staff for the period as Page 3 of 4 sought on point No. 6 of the RTI application. Information which is related to personal information of third party need not to be parted with the Appellant under the RTI Act.
In the light of the above observations, the Respondent is directed to provide reply/information to the Appellant on point Nos. 2 to 6 of the RTI application, as per the documents available on record and as per the provisions of the RTI Act, within a period of four weeks from the date of receipt of this order. If the information sought pertains to some other department/division then the Respondent is directed to take assistance under Section 5(4) of the RTI Act from the concerned official/department related to the information sought and provide information to the Appellant.
The FAA is directed to ensure compliance of 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 Copy To:
The FAA Office of the Cantonment Board, 83 Jhoke Road, Ferozepur Cantt.
Punjab - 152001.
Page 4 of 4Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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