Central Information Commission
Somnath Mondal vs Employees State Insurance Corporation on 25 August, 2022
CIC/ESICO/A/2021/618208
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
ि तीय अपील सं ा/ Second Appeal No. CIC/ESICO/A/2021/618208
In the matter of:
Somnath Mondal ... अपीलकता/Appellant
VERSUS
बनाम
1. CPIO, ... ितवादीगण /Respondent
Employees State Insurance
Corporation, Panchdeep Bhawan,
Comrade Indrajeet Gupta (CIG)
Marg, New Delhi -110002.
2. CPIO,
Employees State Insurance
Corporation, ESIC Medical
College and ESIC Hospital and
ODC, Joka, Diamond Harbour
Road, Kolkata- 700104
Relevant dates emerging from the appeal:
RTI Application filed on : 22.01.2021
CPIO replied on : 18.02.2021
First Appeal filed on : 24.02.2021
First Appellate Authority order : 23.03.2021
Second Appeal received on : 15.05.2021
Date of Hearing : 24.08.2022
The following were present:
Page 1 of 6
CIC/ESICO/A/2021/618208
Appellant: Absent (despite being served the hearing notice)
Respondent: Shri Maninder, Assistant (on behalf of CPIO), Medical
Branch-IV and Shri Kapil Kr. Salodia, DPIO and Assistant Director,
Medical Branch-IV, participated in the hearing in person.
Shri S. Das, Assistant Director (Administration), participated in the hearing
through video conferencing from NIC Kolkata
ORDER
Information sought:
The Appellant filed online RTI Application dated 22.01.2021 seeking information on the following six points:
"Dr. Joydeb Roychowdhury, joined ESIC Hospital, Joka, Kolkata during 2009 in the post of Professor, during initial few months he was in contractual post, there after he joined in the regular post of Professor and presently, he is working as Dean of this institution. Before joining at ESIC, he was working in a regular post under the Government of West Bengal. He had taken Voluntary retirement from that pensionable service of old pension scheme. Please provide the following information-
1) Please advise whether Dr. Joydeb Roychowdhury had disclose or not, to ESIC Hospital, Joka about his receiving of pension from his previous service under the Government of West Bengal.
2) If the above reply is in the affirmative, then please state whether the amount of pension from his salary have been deducted or not as per service rule.
3) If the above reply of serial no. 1 is in the affirmative, then provide the copy of that documents.
4) Please provide the details of such deduction of each month.
5) If the group A officer had not deducted the amount, then whether it was recovered or not from his salary.
6) If the officer had not deducted the amount from the beginning of his service, then if any disciplinary proceeding due to the violation of Govt. of India order (enclosed), if started, give the details of status of that proceedings along with supportive documents."Page 2 of 6
CIC/ESICO/A/2021/618208 The CPIO /AD(A), Diamond Harbour Road, Kolkata vide letter dated 18.02.2021, denied information to the Appellant as under:
"In reference to the above, the information sought by the applicant can not be made available to the applicant as, these are exempted under section 8 (1) (e) and 8 (1) (j) of RTI Act."
Being dissatisfied, the Appellant filed a First Appeal dated 24.02.2021. The First Appellate Authority vide order dated 23.03.2021, informed as under:
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. Appellant requested the Commission to direct the CPIO to provide complete information sought for.
Submissions made by Appellant and Respondent during Hearing:
The Appellant did not participate in the hearing despite being served the hearing notice.
Shri Maninder, Assistant (on behalf of CPIO), Medical Branch-IV, submitted that the relevant information sought in the instant RTI Application pertains to their Kolkata office.
Shri S. Das, Assistant Director (Administration), ESIC, Kolkata, submitted that the relevant information pertains to PIO (dean office) and after Page 3 of 6 CIC/ESICO/A/2021/618208 obtaining the reply from the concerned custodian, they have forwarded it to Appellant vide letter dated 18.02.2021.
A written submission has been received by the Commission from Dr. Naveen Saxena, CPIO, HQ (Medical Branch-IV), vide letter dated 11.08.2022, wherein the Commission has been informed as under:
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that adequate reply has been given by the CPIO vide letter dated 18.02.2021 and the Commission upholds the same. Moreover, the Appellant did not participate in the hearing to buttress his case, hence, the Commission finds no further scope of intervention in the instant matter.Page 4 of 6
CIC/ESICO/A/2021/618208 With the above observations, the instant Second Appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) िदनां क / Date: 24.08.2022 Authenticated true copy (अिभ मािणत स ािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 5 of 6 CIC/ESICO/A/2021/618208 Addresses of the parties:
1. The First Appellate Authority (FAA) Employees State Insurance Corporation, ESIC Medical College and ESIC Hospital and ODC, Joka, Diamond Harbour Road, Kolkata- 700104
2. The Central Public Information Officer Employees State Insurance Corporation, Panchdeep Bhawan, Comrade Indrajeet Gupta (CIG) Marg, New Delhi -110002
3. The Central Public Information Officer Employees State Insurance Corporation, ESIC Medical College and ESIC Hospital and ODC, Joka, Diamond Harbour Road, Kolkata- 700104
4. Mr. Somnath Mondal Page 6 of 6