Central Information Commission
M Ramadas vs Ut Of Puducherry on 24 January, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/UTPON/A/2023/139634
M Ramadas .....अपीलकता/Appellant
VERSUS
बनाम
PIO,
Office of the Dy. Labour Commissioner,
Labour Department-Complex,
Gandhi Nagar, Puducherry - 605009 .... ितवादीगण /Respondent
Date of Hearing : 20.01.2025
Date of Decision : 24.01.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 09.06.2023
CPIO replied on : 07.07.2023
First appeal filed on : 26.07.2023
First Appellate Authority's order : 25.08.2023
2nd Appeal/Complaint dated : 26.09.2023
Information sought:
The Appellant filed an RTI application (offline) dated 09.06.2023 seeking the following information:
"1. Action taken on my request for MACP dated 10/10/2012 forwarded by the Regional Administrator Mahe with proposal vide Letter. No 398/AIL/MACP/2012-13/856 dated 18/6/2013.
2. And subsequent reminder vide Letter. No 398/AIL/MACP/2012- 13/893 dated 1/8/2013 of the Asst. Inspector of Labour, Mahe.Page 1 of 5
3. State the reasons for not granting me the legitimate and eligible claim for MACP since my initial application dated 10/10/2012 to till date in spite of many reminders."
The CPIO furnished a reply to the Appellant on 07.07.2023 stating as under:
"1. No such proposal available in this office.
2. No such proposal available in this office.
3. The information sought is in the form of seeking reasons and clarificatory in nature. However, if we need to -process the MACP proposal means, -you are informed to approach the office where you retired and request to send fresh proposal along with the service book(which may be called from DAT) to this once."
Being dissatisfied, the appellant filed a First Appeal dated 26.07.2023. The FAA vide its order dated 25.08.2023, held as under.
"On perusal of the reply given by the PIO, it is understood that the PIO has supplied the requisite information. Therefore, it is concluded that the reply given by the PIO is in order. The first appeal is disposed of accordingly."
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent.
Respondent: Shri S. Sandirakumaran, FAA-cum-Deputy Labour Commissioner, attended the hearing through VC.
Shri G. Jaganathan, CPIO-cum-Deputy Director, Directorate of Accounts & Treasuries, attended the hearing through VC.
The Appellant did not participate in the hearing.
The Respondent submitted that the Appellant has retired from Mahe Office in the month of November 2009. He added that his request for grant of MACP can only processed on receipt of the service book of the Appellant from Mahe office, who is supposed to obtain it from Directorate of Accounts & Treasuries.Page 2 of 5
But till date, the Service Book of the individual has not been received by this Commissionerate.
Shri G. Jaganathan, CPIO-cum-Deputy Director, Directorate of Accounts & Treasuries, happens to be present in another hearing for a different case. Since their office is the custodian of the record pertaining to service book of the Appellant, the Commission asked him to assist the office of the Deputy Labor Commissioner so that the Appellant's case can be expediated. He agreed to provide his assistance to the Respondent.
A written submission has been received from Shri S. Sandirakumaran, FAA- cum-Deputy Labour Commissioner, vide letter dated 20.01.2025, wherein the Commission has been apprised as under:
"I am to invite a kind reference to the notice cited and to inform that the reply already given by the CPIO dated 07.07.2023 and order passed by the first appellate authority dated 25.08.2023 may please be treated as holds good under the circumstances that there is no MACP proposal pending in this Commissionerate till date. The representation already made by the applicant dated 02.07.2016 has been considered and the Regional Administrator, Mahe has been requested to obtain the Service Book of Thiru. M. Ramadass, AEO(Rtd.), Mahe from the DAT, Puducherry and to furnish the same to this Directorate for further course of action. But till date, the Service Book of the individual has not been received by this Commissionerate. Hence, as on date, there is no any pending proposal in this Commissionerate as far as grant of financial upgradation to the applicant is concerned."
A written submission has been received from the Appellant vide letter dated 08.01.2025, wherein the Commission has been apprised as under:
"I M.Ramadas, Appellant in respect of the above mentioned case do hereby affirm and submit as follows:-
I have superannuated from the post of Asst. Employment Officer, Town Employment Exchange Mahe in November 2009.As I am eligible for upgradation of pay and emoluments under MACP scheme, I have submitted a representation to the Labour Commissioner, Labour Department Puducherry, through the Regional Administrator, Mahe as per letter No.398/AIL/MACP/2012-2013/856 Dated 18-6-2013. Upon receipt of the proposal at the Office of the Labour Commissioner Puducherry, the Undersecretary to Govt. (Labour) has called for my confidential reports and vigilance clearance certificate from the Regional Administrator, Mahe as per their ID note No.7803/09/LAB/A2/SW dated 10-07-2013) In response to the same the Regional Administrator Mahe has furnished the particulars called for therein vide letter rno.398/AIL/MACP/2012-13/893 dated 01-8- Page 3 of 5 2013). After that there has been no response from the Labour Department, Puducherry.
In the mean while I have submitted many reminders to the Labour commissioner, Puducherry on various dates on 22-01-2014,29-10-2022. I have also submitted a representation to the Chief Secretary to Govt, Puducherry in this regard on 30-10- 2019. Besides I have also submitted grievance petitions to His Excellency to the Lt. Governor, Puducherry during various periods on 05-7-2016, 17-1-2020, 19-7- 2021, and on 28-10-2022. In response to my petition dated 17-1-2020, my grievance petition was forwarded to the Labour Department Puducherry by the Undersecretary to Govt (DP& AR) with directions to take suitable action for grant of pay under MACP scheme as per ID note No.D.12016/1/2014/DP&AR/GC/U.III dated 07-2-2020.) In spite of all my efforts the Labour Department have neither taken any action nor given any reply until when I sought information under RTI Act 2005 from the Public Information Officer cum Deputy Labour Commissioner,Labour Department Puducherry on 09-6-2023.. F The Public Information Officer, Labour Department, Puducherry has replied that no such Proposal available in their Office vide letter No.4763/RTI/ Estt-1/2022/662 dated 07-7-2023. Since I was aggrieved by the reply of the Public Information Officer, I have preferred an appeal before the First Appellate Authority cum Commissioner of Labour Puducherry on 26-7-2023. The appellate Authority also confirmed that the reply given by Public Information Officer cum Deputy Labour Commissioner was in order and hence my appeal was disposed accordingly.
My contention in this regard is that the reply given by the Public Information Officer cum Deputy Labour Commissioner and the First Appellate Authority cum Commissioner of Labour, Puducherry is false and misleading as the file relating to grant of MACP and subsequent reminders etc are already available with the Labour Department since 18-6-2013 as evident from the records of correspondence between the Labour Department and the Regional Administrator Mahe. The Labour Department took ten years to give a negative reply only when I sought the information through RTI Act 2005.
For the reasons stated above I respectfully pray that the Honourable Commission may be pleased to direct the respondent to grant me upgradation of pay and emoluments under MACP scheme immediately and such other benefits deemed necessary as the Public Information Officer has furnished a false and misleading reply and also dragged the issue for the last ten years which caused very much hardship and mental agony to the Appellant.
I Certify that the contents of this written submission are true and correct to the best of my Knowledge and belief."
Decision:
The Commission after adverting to the facts and circumstances of the case and perusal of the records, observes that the office of the Deputy Labor Commissioner cannot process the request of the Appellant without receipt of Page 4 of 5 the service book of the Appellant. Fortunately, Shri G. Jaganathan, CPIO-cum- Deputy Director, Directorate of Accounts & Treasuries, who is the custodian of the service book of the Appellant, happened to be present in the hearing for another case and has volunteered to assist the answering Respondent so that the relevant information can be given to the Appellant. Therefore, Shri G. Jaganathan, CPIO-cum-Deputy Director, Directorate of Accounts & Treasuries, is directed to provide the service book of the Appellant to answering Respondent i.e. office of the Deputy Labor Commissioner, through proper channel, within three weeks from the date of receipt of this order. Shri S. Sandirakumaran, is given the responsibility to co-ordinate with Shri G. Jaganathan, CPIO-cum-Deputy Director, Directorate of Accounts & Treasuries.
Upon receipt of the service book of the Appellant, Shri S. Sandirakumaran, FAA-cum-Deputy Labour Commissioner, is directed to look into the complaint/representation of the Appellant and provide action taken report along with the relevant information/record to the Appellant, within six weeks. If the Respondent requires assistance from any other office/officer for compliance with the above directions, the same shall be sought by invoking Section 5 (4) of RTI Act.
The First Appellate Authority to ensure compliance of the directions.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (िवनोद कुमार ितवारी) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स!ािपत ित) (S. Anantharaman) Dy. Registrar 011- 26181927 Copy To:
The FAA, Office of the Labour Commissioner, Labour Department Complex, Gandhi Nagar, Puducherry - 605009 Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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