Central Information Commission
Mrj Prakash vs Steel Authority Of India Ltd. (Sail) on 1 March, 2016
CENTRAL INFORMATION COMMISSION
August Kranti Bhawan, Bhikaji Cama Place,
New Delhi-110066
F.No.CIC/YA/C/2015/000433
F. No.CIC/YA/A/2015/002041
F.No .CIC/CC/C/2015/000264
Date of Hearing : 17.02.2016
Date of Decision : 01.03.2016
Appellant/Complainant : Shri J.Prakash
Bhadravati
Respondent : CPIO
Visvesvaraya Iron & Steel Plant, Steel Authority of India Ltd. Shivamoga (Karnataka) Through:
Shri L. Praveen Kumar, CPIO Information Commissioner : Shri Yashovardhan Azad Since both the parties are same in the above mentioned complaints & appeal, they are clubbed together for hearing and disposal to avoid multiplicity of the proceedings/ F.No.CIC/YA/C/2015/000433 F. No.CIC/YA/A/2015/002041 RTI application filed on : 03.04.2015 PIO replied on : 14.05.2015 First Appeal filed on : 09.05.2015 First Appellate Authority (FAA) order on : No order passed Second Appeal/complaint received on : 17.09.2015 Since the aforementioned complaint and appeal emanate from a single RTI application dated 03.04.2015, they are being disposed of by a common order.
Information Sought:
The appellant sought extracts of attendance record, allocation of work and details of work performed by the office bearers & members of Executive Committee of VISL Workers Association, Bhadravati during March 2015.
Relevant facts emerging during hearing:
Vide RTI application dated 03.04.2015 the appellant sought the aforesaid information. The CPIO furnished information sought as regards the work allocation and copies of attendance extracts for March 2015. The appellant preferred first appeal but same remained unheard. Feeling aggrieved, the appellant approached the Commission.
Both parties are present and heard. The appellant submits that the office bearers of VISL Workers Association, Bhadravati frequently abstain from work and remain absent without any prior sanction on the pretext of attending association meetings. The appellant alleges that the management has consciously chosen to remain a mute spectator about this issue. In this factual backdrop, the appellant states to have sought the information. On the other hand, the CPIO submits that the information sought has been furnished within the prescribed time frame. Upon a query made by the Commission regarding the veracity of allegations made by the appellant, the CPIO negates the same. The CPIO informs the Commission that the office bearers of a recognized worker's association are entitled to claim leave for attending meetings.
The appellant strenuously contests the statement made by the CPIO and submits that office bearers of aforesaid association are being marked as present on duty even while they are away.
Decision:
After hearing parties and perusal of record, the Commission finds the reply of CPIO to be satisfactory. However, it is open to the respondent authority to enquire into the allegations made by the appellant. The registry of this bench is directed to send a copy of this order to the Chairman, SAIL for information and further action.
The appeal is disposed of accordingly.
In view of the above, no separate order is required to be passed in complaint proceedings and the complaint is disposed accordingly.
F.No.CIC/CC/C/2015/000264
RTI application filed on : 23.01.2015
PIO replied on : 30.01.2015
First Appeal filed on : 13.02.2015
First Appellate Authority (FAA) order on : 27.02.2015
Second Appeal/complaint received on : 30.03.2015
Information Sought:
Vide RTI application dated 23.01.2015, the complainant sought the following information:
1. Copies of further action on receipt of letters from appellant dated 16.12.2014 addressed to the ALC, Mangalore and dated 17.12.2014 addressed to ALC, Hubli regarding pray for giving permission to hold election to the VISP Workers Association, Bhadravati as per rule of law.
2. To furnish copies of office orders (including leading papers) issued declaring the office bearers and ECMs of VISL WA, Bhadravati as protected workmen from the last ten years. If not issued, to furnish copies of leading papers mentioning reasons for the same.
Relevant facts emerging during hearing:
Both parties are present and heard. The Appellant states that while answering the RTI application, the CPIO deliberately omitted to furnish copies of supporting documents. Per contra, the CPIO states that information was furnished alongwith all available documents. The CPIO states that no action has been taken with regard to point No.1 of the RTI application. As regards point No. 2, the CPIO states that since VISL-Workmen Association did not meet the criteria laid for "Protected Workmen" under the Industrial Disputes Act 1947, hence no office bearers/ECM of VISL-WA could be conferred the status of protected workman.
Decision:
After hearing parties and perusal of record, the Commission finds the reply of CPIO to be satisfactory.
The Complaint is disposed of accordingly.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(V.D.Nanivadekar) Designated Officer to IC (YA) Copy to:-
Central Public Information Officer under RTI First Appellate Authority under RTI Asst. General Manager-(Pers.) & PIO, Deputy General Manager-(Pers.), Visvesvaraya Iron & Steel Plant Visvesvaraya Iron & Steel Plant (Steel Authority of India Limited), (Steel Authority of India Limited), Bhadravathi, Bhadravathi, District - Shivamoga-577301 (Kar.). District - Shivamoga-577301 (Kar.). Shri J. Prakash IDK - 105/B, Ganesha Colony, Bhadrawati, District - Shivamoga-577301 (Karnataka).