Central Information Commission
Misha Katyayan vs Labour Department Delhi on 17 October, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/LBDPD/C/2024/613534
Misha Katyayan ....िशकायतकता /Complainant
VERSUS
बनाम
PIO,
Office of the Jt. Labour
Commissioner-(South), Labour
Department (Govt. of NCT of
Delhi), A-Wing, 1st Floor,
Pushpa Bhawan, Pushp Vihar,
New Delhi-110062. .... ितवादीगण /Respondent
Date of Hearing : 14.10.2025
Date of Decision : 16.10.2025
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from complaint:
RTI application filed on : 28.12.2023
PIO replied on : Not on record
First appeal filed on : 30.01.2024
First Appellate Authority's order : Not on record
2nd Appeal/Complaint dated : 30.03.2024
Information sought:
1. The Complainant filed an RTI application dated 28.12.2023 (online) seeking the following information:
"I filed a complaint u/s 17 of the Maternity Benefit Act, 1961 against M/S Medsave Health Insurance TPA Ltd. F-701 A, Lado Sarai New Delhi-Page 1 of 4
110030 vide No.DLC/SD/10/MATERNITY/2023/850 08 22.02.2023 before The Inspector, (Under the Maternity Benefit Act, 1961) office of The Joint Labour Commissioner (South), Labour Department, Govt. of NCT of Delhi, Pushpa Bhawan, Pushp Vihar, New Delhi-110062. Please provide the following information under Right to Information Act 2005:
1. Please tell me the daily progress made on my complaint so far. i.e. when did my complaint reach which officer, for how long did it stay with that officer and what did he/she do during that period? Please give the names and designations of the officials who were supposed to take steps in accordance with law on my complaint and who has not done so?
2. Provide certified copies of all the order sheets, records including documents, memos, e-mails, opinions, advices, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and noting made by concerned officer in the above said complaint.
3. Provide reasons for not pronouncing any decision, order since 28.08.2023 in the above said complaint despite case was fixed for final order/decision since then?
4. Provide details of total numbers of summons/notices etc were issued in the abovementioned case along with certified copies of all the summons/notices with reports of servers/executing officers.
5. What is the stipulated or reasonable time limit to dispose of the complaints filed under maternity benefits act and rules by the inspecting officer?
6. Why report in the abovementioned case has not been sent to the state government till yet? Provide reason for not sending the above report within reasonable time by the inspecting officer?
7. Provide reason why complaint u/s 21 Maternity benefits act till 28.12.23 has not been filed by concerned inspector against the employer who contravenes the provisions of said Act or the rules?
8. Provide the details and status of all the complaints which were received under maternity benefits act since 1 January 2023 till 28 December, 2023 and how many complaints are still pending which were Page 2 of 4 received under above mentioned period. Also provide the reason for not disposed off within prescribed or reasonable period.
9. What action would be taken against these officials for not doing their work and for causing harassment to the public and willfully neglect their official obligation towards weaker sections of society? By when would and which provisions that action be taken against the erring officer? Provide procedure for making complaint and details of concerned authority with which complaint can be filed against the erring officer in this regard."
2. Not having received any response from the CPIO, the Complainant filed a First Appeal dated 30.01.2024. The FAA order is not on record.
3. Feeling aggrieved and dissatisfied, Complainant approached the Commission with the instant Complaint.
Relevant Facts emerged during Hearing:
The following were present:-
Complainant: Absent Respondent: Absent
4. Proof of having served a copy of Second Appeal/Complaint on Respondent while filing the same in CIC on 30.03.2024 is not available on record.
4. Both the parties remained absent despite service of hearing notices.
Decision
5. The Commission after adverting to the facts and circumstances of the case and perusal of the records, noted that more than one and half year has elapsed from the date of filing of the RTI application, and the information sought has not been provided by the Respondent till the date of hearing. The PIO remained absent despite service of hearing notice and reasons for his/her absence could not be ascertained. The Commission takes strong objection to the absence of the present PIO in the hearing. It appears that the PIO is treating the RTI Act in a cavalier manner which is a violation of the spirit of the RTI Act.
Page 3 of 46. It is noted that PIO has not made any efforts to respond to the RTI application even upon receipt of hearing notice of the Commission. In view of the above, present PIO and the then PIO (as on 28.12.2023) are show caused to explain as to why maximum penalty under section 20 (1) of the RTI Act may not be imposed upon each of them for not providing the information and for not appearing before the Commission despite notice. The present PIO is given responsibility to serve a copy of this order as well as show cause notice to the then PIO and secure his/her attendance on the next date of hearing and also submit their written explanations. All the written explanations (from both the PIOs) must reach the Commission within four weeks from the date of receipt of this order. The Respondent PIO is advised to provide point-wise reply to the RTI application as per the provisions of the RTI Act, within two weeks from the date of receipt of this order.
The Complaint 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 Date Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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