Central Information Commission
Mr. Dileep Singh Barla vs Employees State Insurance Corporation on 8 May, 2013
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/BS/A/2012/000542/2435
08 May 2013
Relevant Facts emerging from the Appeal:
Appellant : Mr. Dileep Singh Barla
15, Mukti Society,
9, Samarth Nagar,
Nashik- 422005
Tel: (0253)-2351385
Respondent : CPIO & Assistant Director
ESIC
Sub-Regional Office
Panchdeep Bhawan,
S.No.689/690 Bibvewadi,
Pune-411037
RTI application filed on : 17/10/2011
PIO replied on : 16/01/2012
First appeal filed on : 07/12/2011
First Appellate Authority order : 28/12/2011
Second Appeal received on : 18/04/2012
Information sought:
a. Kindly inform the total amount of Revenue Loss to ESIC till date on account of special considerations like grant under Amnesty Scheme, withdrawal of cases, even when, the applications of the subject factory/concern met rejection by the court (as informed at S. no.9 under NSK-3064), observed preference for its renovation (under Sr.no.2 under NSK- 1970) not minding the defaults in the ESI contributions, as shown as per various served C-
19 and D-19 certificates, under provisions of the ESI Act. b. Kindly inform the total amount which is under recovery process at present. Kindly also inform the accruable interest at the rate of permissible interest @ 12% in this amount with Proforma C-19 certificates.
c. Kindly inform the reasons for not taking up the issue of recovery of ESI claims with other State bodies like Financial agencies/factory inspector/labour officer and/or Banks for priority recovery/payments of above said ESI dues as per statutory provisions, in preference in any compromise settlements, which they might have worked out with the above said concern for loan settlement/rescheduling, rehabilitation and/or change of principal employer/business/work force etc. d. Kindly inform the action taken and/or to be taken in publishing the default and other irregularities/non compliance if any, observed as per provisions of the RTI Act, 2005 and/or surveys and inspections undertaken by your esteemed organization from time to time for the above said unit since its inception under ESI Act and other applicable statutes.
Page 1 of 3e. Kindly Provide the copies of various forms submitted by Unit and /or authenticated by the abovesaid unit since its inception viz. under regulation form-01 (At the time of Registration and subsequently for effecting changes), Regulation C-23, Regulation 15(A), C-126 CIR (1) Application no.5/02 U/S 75, CC no. 780/05, Regulation C-10. Kindly also provide copies of antecedent certifications & Registrations under the applicable acts from state departments, Industries department and other bodies.
f. Kindly provide copies of indemnity bonds taken from Principal employees and/or owners of the said unit.
g. Kindly provide copies of the responses received under Form D-18 prior to action under certificates C-19 and D-19 served to the above said M/s Surbhi Engineering Co., Nashik (Code No.33/10374).
Grounds for the Second Appeal:
The appellant has not been provided specific, clear and complete information.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Dileep Singh Barla through VC Respondent: Mr. A.K. Verma CPIO through VC The appellant stated that he wants the following information:
(a) Copies of various forms submitted by the unit since inception and copies of antecedents certificates & registrations from other State department, if any on record.(query-e)
(b) Copies of indemnity bonds taken from Principal employer and/or owners of the said unit. (query-f)
(c) Copies of the responses received under Form D-18 prior to action under certificates C-19 and D-19 served to the above said M/s Surbhi Engineering Co., Nashik (Code No.33/10374). (query-g) The appellant further pleaded that photocopies of the documents listed in para 3 of CPIO's reply dated 14/12/2011 may be provided along with a confirmation that the amount of Rs. 88298/-
has been fully recovered.
The CPIO stated that he will provide the above information, as available on record, to the appellant.
Decision notice:
The Commission directs the CPIO to provide the information as above to the appellant, free of cost, within 15 days from the date of receipt of this order. If, however, some information/document(s) is/are not available on record, the same should be clearly stated in the CPIO's reply.
The appeal is disposed of accordingly.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. In any correspondence on this decision, mention the complete decision number.
BASANT SETH Information Commissioner Page 2 of 3 Page 3 of 3