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Bhola Nath vs Employees State Insurance Corporation on 5 July, 2021

Author: Uday Mahurkar

Bench: Uday Mahurkar

                                       के न्द्रीय सच
                                                   ू ना आयोग
                              Central Information Commission
                                      बाबा गंगनाथ मागग, मुननरका
                               Baba Gangnath Marg, Munirka
                                नई निल्ली, New Delhi - 110067

द्वितीय अपील संख्या / Second Appeal No.:- CIC/ESICO/A/2019/134338-UM

Mr. Bhola Nath

                                                                           ....अपीलकताा/Appellant
                                             VERSUS
                                               बनाम

CPIO,
ESIC Panchdeep
Bhawan Janpath Unit -IX
Bhubaneswar-751022

                                                                           प्रद्वतवादीगण /Respondent



Date of Hearing      :              01.07.2021
Date of Decision     :              05.07.2021

Date of RTI application                                                   09.02.2019
CPIO's response                                                           Not on Record
Date of the First Appeal                                                  18.03.2019
First Appellate Authority's response                                      09.04.2019
Date of diarized receipt of Appeal by the Commission                      18.07.2019

                                           ORDER

FACTS The Appellant vide his RTI application sought information on 04 points:

etc. Dissatisfied due to non-receipt of any response from the CPIO, the Appellant approached the FAA. The FAA, ESIC, Delhi vide order dated 09.04.2019 transferred the First Appeal to ESIC, Bhubneshwar, ESIC, Bangalore & ESIC, Mumbai. In compliance of which the PIO, ESIC, Bhubneshwar vide Letter dated 14.05.2019, furnished a reply to the Appellant.

Thereafter, the Appellant filed a Second Appeal before the Commission with a request to provide correct and complete information.

HEARING:

Facts emerging during the hearing:

The following were present:

Appellant: Mr. Bhola Nath, through AC;

Respondent: Mr. Arjun Chatter, Deputy Director, through AC.

In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, the hearing of the matter was scheduled through audio conference after giving prior notice to both the parties.

The Appellant informed the Commission that he was not having the case file with him and asked the Commission to him remind his queries. Upon refreshing his memory the Appellant submitted that the promotion of the MTS staff had been done by the Odisha region while no promotions had been made by the Maharashtra region where he was posted and constituted disparity and was against the laws of natural justice. Hence, he pleaded that the information on query no. 2 & 4 be furnished to him. The Respondent present during the hearing submitted that a due reply had already been furnished by them and that the error was on part of Maharashtra and Karnataka divisions in furnishing the information.

DECISION:

Keeping in view the facts of the case and the submissions made by both the parties, the Commission directs the Respondent to furnish an appropriate reply on query no. 2 & 4 of the RTI Application to the Appellant as per the provisions of the RTI Act, 2005, by coordinating with the concerned division (custodian of information), within a period of 30 days from the date of receipt of this order under the intimation to this Commission. No further intervention by the Commission is required in the matter.

The Appeal stands disposed accordingly.

(Uday Mahurkar) (उदय माहूरकर) ू ना आयुक्त) (Information Commissioner) (सच Authenticated true copy (अद्विप्रमाद्वणत एवं सत्याद्वपत प्रद्वत) (R. K. Rao) (आर. के . राव) (Dy. Registrar) (उप-पंजीयक) 011-26182598 / [email protected] द्वदनांक / Date: 05.07.2021 Page 3 of 3