Central Information Commission
Kathavarayan vs Jawaharlal Institute Of Post Graduate ... on 30 June, 2021
के ीय सूचना आयोग
Central Information Commission
बाबा गं गनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
िशकायत सं ा / Complaint No. CIC/JIPGR/C/2019/645723
CIC/JIPGR/C/2019/652940
CIC/JIPGR/C/2019/653250
CIC/JIPGR/C/2019/653252
CIC/JIPGR/C/2020/683768
Shri Kathavarayan िशकायतकता /Complainant
VERSUS/बनाम
PIO, Jawaharlal Institute of Post Graduate ... ितवादीगण /Respondent
Medical Education & Research, Puducherry
Date of Hearing : 30.06.2021
Date of Decision : 30.06.2021
Chief Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from complaint:
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case RTI Filed CPIO reply First appeal FAO Complaint
No. on received on
645723 26.03.2019 08.04.2019 09.05.2019 23.05.2019 16.07.2019
652940 25.04.2019 24.09.2019 10.06.2019 - 04.10.2019
653250 03.06.2019 24.09.2019 08.07.2019 - 04.10.2019
653252 06.05.2019 25.09.2019 06.06.2019 - 04.10.2019
683768 26.04.2020 04.06.2020 08.06.2020 08.07.2020 31.08.2020
Information soughtand background of the case:
(1) CIC/JIPGR/C/2019/645723 The Complainant filed an RTI application dated 26.03.2019 seeking information on 15 points about upgradation and promotion of Thiru Hawa Singh, AO, JIPMER, Puducherry and about Thiru Selvam and other related information.Page 1 of 7
The CPIO, INI-II Section, MoHFW vide online reply dated 08.04.2019 stated that the information sought by Appellant is not available with him and hence, application was transferred to concerned CPIO at JIPMER Puducherry.
Having not received any information from the CPIO, JIPMER, Puducherry, the Complainant filed a First Appeal dated 09.05.2019. The FAA vide order dated decided the First Appeal observing that the PIO had rightly transferred the matter to PIO, JIPMER, Puducherry, being the actual custodian of information. Accordingly, vide FAA, MoHFW's order dated 23.05.2019 the First Appeal was transferred to Appellate Authority JIPMER, Puducherry.
Aggrieved because of non receipt of information, the Complainant approached the Commission with the instant Complaint.
(2) CIC/JIPGR/C/2019/652940 The Complainant filed an RTI application dated 25.04.2019 seeking information on the following 08 points:-
The JIPMER, Puducherry is an Institution of National Importance working under Ministry of Health and Family Welfare. It has outsourced the activities of Security services and Housekeeping services from 2012 onwards to private companies. These services are outsourced to companies like M/s BIS (I) Pvt. Limited, M/s Security and Intelligence Services, M/s Orion Security Solutions (p) Ltd, /s G4S Facility services India Pvt Ltd. , M/s Service Master Clean Limited etc. These contractors have claimed the EPF and insurance contributions from JIPMER, Puducherry and from contract employees working in JIPMER amounting for several crores of rupees and at the same time there is an allegation that the contractors are not paying EPF, Insurance contributions to the accounts of contract employees in your EPFO. In fact for many contract workers accounts are not opened in your EPFO and for many contract workers accounts are manipulated and opened accounts with same date of births etc. and deceiving the contract workers. There are allegations that these companies are also colluding with your EPFO officers. Many of my relatives and from my place are working in these companies and they are severely affected due to non payment of EPF and Insurance. They are fearing to ask the companies with regards to it as they are being threatened from removal from their jobs and physical thereat also if they ask. Further, the contract workers are not known about their account details, benefits etc. under EPFO scheme also. There are several complaints to EPFO of Puducherry and higher officers in your organization, but they are not aware what action is taken by them. There are allegations that the local EPFO officers are colluding with Officers of JIPMER and Contractors working in JIPMER and suppressed the genuine complaints, grievances and representations of affected parties.
I therefore, request you to please furnish the following details under RTI act with regards to complaints to EPFO and EPFO actions taken report on these complaints as follows available on the files of EPFO only:-
Page 2 of 71. Please furnish the copies of complaints against the outsourcing companies in JIPMER with regards to improper payment of EPF to contract employees working in JIPMER.
2. The action taken report on the above complaints.
3. The correspondence of EPFO of Puducherry and EPFO organization made with JIPMER, Puducherry in these matters.
4. Please furnish the list of beneficiaries of contract workers of JIPMER, Puducherry under EPF scheme from 2012 onwards.
5. Action taken report on the contractors as well as on JIPMER management for default of EPF payments.
6. The names of the companies and its I.D numbers working in JIPMER from the year 2012 onwards.
7. Any other matter related to this as I am working for the benefit of workers.
8. This may be taken as complaint also.
Having not received reply from the CPIO, JIPMER, Puducherry, Complainant filed a First Appeal dated 10.06.2019. The CPIO/Outsourcing Service Wing vide letter dated 24.09.2019 replied as under:-
Aggrieved and dissatisfied, Complainant approached the Commission with the instant Complaint.Page 3 of 7
(3) CIC/JIPGR/C/2019/653250 The Complainant filed an RTI application dated 03.06.2019 seeking information on following 05 points:-
There are many allegations of corruptions in recruitment and payment of salary to outsourced employees in JIPMER engaged in Housekeeping, Security Services and other services also. We have given complaints to Chief Vigilance Officer of JIPMER, CBI and other higher authorities. All the enquiries are under process. The Chief Vigilance Officer of JIPMER along with other 3 senior officers is conducted enquiry. They have agreed to issue of inquiry report to me also. In spite of these enquires, the malpractices are allegedly still continued. Therefore, it is requested to please provide the following documents to me. This may be issued in the interest of protection of contract labors.
1. As provided by your work orders, the new housekeeping and security contracts have started from November 2018 onwards. Please inform me how many months of these contractors bills from November 2018 have been settled. How many months of bills are unsettled.
2. Please provide details of their bill claims of the above contractors and how much money is sanctioned to them. Please provide month wise details from Nov 2018 to April 2019.
3. Please provide copies of the note sheets of these settlements of bills of above agencies.
4. Please furnish the actions initiated against the above contractors and furnish the copies of actions taken against them for their defaults if any.
5. Please provide the details of correspondence between JIPMER and EPFO and ESI, CBI and CVC in respect of the above matters from January 2019 onwards.
Having not received reply from the CPIO, Complainant filed a First Appeal dated 08.07.2019. The CPIO/Outsourcing Service Wing, JIPMER, Puducherry vide letter dated 24.09.2019 replied as under:-Page 4 of 7
Aggrieved and dissatisfied, Complainant approached the Commission with the instant Complaint.
(4) CIC/JIPGR/C/2019/653252 The Complainant filed an RTI application dated 06.05.2019 seeking information on the following 04 points:-
As per the Security Service and Housekeeping service work order issued from JIPMER contractor should submit the clearance/ NOC from the respective competent Labour Authorities, EPF Officers, ESI Organisation etc. Appellant which double the amount of the claim will be charged as penalty. The employees of the contractors are claiming that they have not received any EPF and ESI benefits and details. Further, they are telling that JIPMER administration and contractors have deceived us. Without taking clearance certificates from Labour authorities, EPF and ESI authorities, the bills of Contractors have been settled by JIPMER administration with clear intention, motive and corruption. This is clear case of fraud, corruption. Many highest level officers are involved in this scam. This is people money and labourers are losers. It is biggest fraud and corruption in JIPMER history. I want to know the how much damage and monitory loss to JIPMER workers. Therefore, in order it is requested to furnish the following documents under RTI act:-
1. As per the terms & Conditions of JIPMER, Puducherry mentioned in the work order, the contractors have to get clearance certificate and NOC from Labour Authorities, EPF Officers, ESI organisations etc. But, under RTI JIPMER has issued information that NOC are not available with us. That means, the JIPMER Officers have cleared the bills bypassing all the terms and conditions of the work order. However, since there is cause for imposing penalty for non-furnishing of clearance certificate and NOC, is there any penalty recovered from the contractors for the period 2012 to 2019 in Housekeeping Service & Security service JIPMER please furnish the details. Further, please furnish the note sheets of bill sanctions and bill passing from the year 2012 to till date.
2. If they paid the penalty please furnish the details about the contractor which month and year it was paid. For what reasons they have paid penalties.
Please furnish penalty order copies.
3. Please furnish the copies of clearance/ NOC issued by Labour Authorities, EPF Officers, ESI Organisation etc. received from the respective competent Labour Authorities, EPF Officers, and ESI organization. If not there the copies of the penalty orders imposed on contractors for the above default may be issued to me.
4. Please furnish the bill copies furnished by the contractors of security and housekeeping from the year 2012 to till date. Further, the details of bills passed by the administration. Please provide the bill sanctioned copies to housekeeping and security services providers from the year 2012 to till date.
Page 5 of 7Having not received reply from the CPIO, Complainant filed a First Appeal dated 06.06.2019. The CPIO/Outsourcing Service Wing, JIPMER, Puducherry vide letter dated 25.09.2019 replied as under:-
1. Queries & Allegations does not covers under RTI.
2. Queries & Allegations does not comes under RTI Act. As per the records, there is no such penalty information available in this section. Furnishing of notesheets related to the billings (third party's financial information) are also exempted under Section 8(1)(d) of the provision of the RTI Act, 2005.
3. As per the records, there is no such information.
4. The documents pertains to the Contractors does not belongs to JIPMER. Hence, the same is treated as Third Party information.
5. The information seek by the information seeker is fiduciary in nature as held under Section 8(1)Appellant of the RTI Act, 2005.
Aggrieved and dissatisfied, Complainant approached the Commission with the instant Complaint.
(5) CIC/JIPGR/C/2020/683768 The Complainant filed an RTI application dated 26.04.2020 seeking information on the following 04 points:-
1. Please furnish the copy of work orders, the new housekeeping (updater services(p) ltd. and security contracts (SIS).
2. Please furnish the copy of work order for the new vendor fire guard security (Ruby Global Redeemer).
3. Please furnish the copy of work order for the new vendor Pentaegis Security and Facility Services Pvt. Ltd.
4. Please provide copies of the note sheets of processed of above agencies.
The CPIO/AAO, JIPMER, Puducherry vide letter dated 04.06.2020 replied as under:-
Dissatisfied with the response received from the CPIO, the Complainant filed a First Appeal dated 08.06.2020. The FAA vide online order dated 08.07.2020 upheld the reply of the CPIO.Page 6 of 7
Aggrieved and dissatisfied, the Complainant approached the Commission with the instant Complaint.
Facts emerging in Course of Hearing:
Respondent has sent submissions dated 28.06.2021 which indicate that information sought by the Complainant in the above cases had been duly provided to him, annexing the relevant documents along with the submissions.
An email dated 29.06.2021 has been received from the Complainant whereby he has sought to withdraw the complaints stating that he has already received the information.
Decision In the light of the Complainant's email mentioned above, the cases are hereby dismissed as withdrawn.
Y. K. Sinha (वाई. के. िस ा) Chief Information Commissioner(सू चना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) S. K. Chitkara (एस. के. िचटकारा) Dy. Registrar (उप-पं जीयक) 011-26186535 Page 7 of 7