Central Information Commission
Bikramaditya Yadav vs Employees State Insurance Corporation on 31 January, 2023
CIC/ESICO/A/2021/655210
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/ESICO/A/2021/655210
In the matter of:
Bikramaditya Yadav ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Employee State Insurance
Corporation ESI-PGIMSR, ESIC
Medical College and ESIC
Hospital & ODC(EZ),
Joka,Diamond Harbour Road,
Kolkata - 700104
Relevant dates emerging from the appeal:
RTI Application filed on : 21.07.2021
CPIO replied on : 23.08.2021
First Appeal filed on : 13.09.2021
First Appellate Authority order : 23.09.2021
Second Appeal received on : 19.11.2021
Date of Hearing : 06.12.2022
The following were present:
Appellant: Shri. Bikramaditya Yadav, participated in the hearing through
video conference from NIC Nizam Place
Respondent: Shri. Utpal Sarkar, CPIO & Deputy Director (Administration)
& Shri. Samiran Das, former CPIO & Assistant Director, Employee State
Insurance Corporation, ESI-PGIMSR, ESIC Medical College and ESIC
Hospital & ODC (EZ), participated in the hearing through video conference
from NIC Nizam Place
Page 1 of 6
CIC/ESICO/A/2021/655210
ORDER
Information sought:
The Appellant filed an RTI Application dated 21.07.2021 seeking information on the following seven points:
The CPIO/AD(A), Employee State Insurance Corporation, Kolkata vide letter dated 23.08.2021, informed to the Appellant as under:
Being dissatisfied, the Appellant filed a First Appeal dated 13.09.2021. The First Appellate Authority vide order dated 23.09.2021, informed as under:Page 2 of 6
CIC/ESICO/A/2021/655210 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 stated that no information with respect to the instant RTI Application has been provided by the Respondent as they are furnishing only misleading and wrong replies. Upon being queried by the Commission, the Appellant submitted that he is working in ESIC Hospital as head clerk and staying in the same campus. He further stated that vide instant RTI Application he want to unravel the irregularities in the appointment of Librarian.
The Respondent submitted that an adequate reply with respect to the instant RTI Application has been provided to the Appellant on the basis of the information as available on record. The Respondent further submitted that there is no person working as librarian on contractual basis in this hospital because position of librarian is regular/permanent.
The Appellant interjected that Ms. Apoorva Sagar is working as librarian on contractual basis, to which the Respondent submitted that Ms. Apoorva Sagar is working as documentalist and cataloger and she is engaged as Assistant Librarian on contractual basis and not librarian.
The Appellant further interjected that vide letter dated 11.08.2021, Shri. Niramaiendu Biswas, Deputy Director, ESIC Medical College has informed Page 3 of 6 CIC/ESICO/A/2021/655210 that contractual librarians have been engaged by MS Office and the contents of the same are as under:
The Respondent submitted that it is merely an internal correspondence wherein the Medical College has transferred the RTI Application to the CPIO-ESIC Hospital since the information pertains to them. Since, no such recruitment has taken place for the position of contractual librarian, no information exists. The Respondent further submitted that there seems to be a personal vendetta against the averred person.
The Appellant further interjected that Shri. Niramaendu Biswas in the letter dated 11.08.2021 is admitting that contractual librarians have been engaged by Medical Suprintendent Office, to which the Respondent submitted that Shri. Niramaendu Biswas is from the Dean's Office and he is not aware of the actual nomenclature of the said position therefore he has only reiterated the contents of the RTI Application and transferred the Application to MS Office for necessary action.
A written submission has been received by the Commission from the Appellant vide letter dated vide letter dated NIL, and the same has been taken on record.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that though the Respondent Page 4 of 6 CIC/ESICO/A/2021/655210 has furnished a reply with respect to the instant RTI Application to the Appellant, he has raised dissatisfaction with the same. However, the Respondent has provided adequate explanation with respect to the contentions raised by the Appellant during hearing, and the Commission upholds the stance taken by the Respondent. In view of the above, the Commission finds no further scope of intervention in the instant matter.
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 ) दनांक / Date: 31.01.2023 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 5 of 6 CIC/ESICO/A/2021/655210 Addresses of the parties:
1. The First Appellate Authority (FAA) ESIPGIMSR, ESIC Medical College and ESIC Hosiptal & ODC(EZ), Joka,Diamond Harbour Road, Kolkata - 700104
2. The Central Public Information Officer Employee State Insurance Corporation ESI-PGIMSR, ESIC Medical College and ESIC Hosiptal & ODC(EZ), Joka,Diamond Harbour Road, Kolkata - 700104
3. Mr. Bikramaditya Yadav Page 6 of 6