CENTRAL INFORMATION COMMISSION Club Building (Near Post Office) Old JNU Campus, New Delhi - 110067 Tel: +91-11-26101592 File No. CIC/BS/A/2013/000519/4804 26 March 2014 Relevant Facts emerging from the Appeal: Appellant : Mr. Zahur Mulla Office Superintendent O/o the Dy. Chief Labour Commissioner (C) “Shram Sadan” Building, 3rd Main, 3rd Cross, Yeshwanthpur, 2nd Phase, Tumkur Road, Bangalore – 560022 Respondent : CPIO Ministry of Labour Central Govt. Industrial Tribunal Cum Labour Court, “Shram Sadan”, III Main, II Phase, Tumkur Road, Yeshwantpur, Bangalore – 560022 FAA/Presiding Officer Ministry of Labour Central Govt. Industrial Tribunal Cum Labour Court, “Shram Sadan”, III Main, II Phase, Tumkur Road, Yeshwantpur, Bangalore – 560022 RTI application filed on PIO replied on First appeal filed on First Appellate Authority order Second Appeal dated : : : : : 26/11/2012 07/12/2012 28/12/2012 11/01/2013 24/01/2013 Information sought: 1. Please furnish the attested copy of the letter/order appointing Shri. BVS Sastry, UDC as CPIO under RTI ACT, 2005. 2. At Sl.No. 4 of your RTI reply, it is mentioned that 1st PUC marks card not furnished to the office at the time of appointment by Shri. BVS Sastry. Please provide attested copy of the 1st PUC marks card in respect of Shri. BVS Sastry, UDC. 3. Please elaborate the procedure to be followed while making adverse entries in the Service Register of Govt. employees in case of fraudulent act/forgery etc. this has reference to endorsement records in the Service Register of Shri. BCS Sastry, UDC. Page 1 of 3 4. Please furnish the attested copies of show cause notice/charge sheet followed by punishment etc., issued in respect of Shri. BVS Sastry, UDC upon confirmation received from the Directorate of Distance Education vide their letter dated 18/08/2010. Grounds for the Second Appeal: The CPIO has not provided the desired information. Relevant Facts emerging during Hearing: The following were present Appellant: Mr. Zahur Mulla through VC Respondent: Mr. B V S Sastry CPIO through VC The appellant stated that the information sought under items 2&3 of his RTI application dated 26/11/2011 has been deliberately withheld though it is available in the office records. The CPIO stated that the information sought under item 2 (viz. copy of the 1st PUC mark sheet) is not available while the correspondence and note sheets relating to item 3 have been supplied. The appellant pointed out that he is alleging a fraud in the 1st PUC mark sheet of Shri B V S Sastry the CPIO and as such he should not have handled his RTI application as the CPIO. He requested that the FAA should be directed to go through the records and provide a copy of the 1 st PUC mark sheet of Shri B V S Sastry and if the same is not available he should be directed to file an appropriate affidavit. The CPIO while reiterating that his 1st PUC mark sheet is not available on record stated that he has no objection in the matter and also offered to allow the appellant to inspect the relevant records. Decision notice: It is seen from the records that the appellant in the past had sought and obtained a copy of nd the 2 PUC mark sheet of Shri B V S Sastry, the CPIO. In the matter at hand the appellant seeks a copy of the 1st PUC mark sheet of Shri Sastry and vide the CPIO’s reply dated 07/12/2012 has been informed that the document is not available in the office and hence cannot be furnished. In his 2nd appeal to the Commission dated 24/01/2013 the appellant has stated that as the PUC qualification of Shri Sastry has been taken on record the respondents have a responsibility to update the relevant records particularly as Shri Sastry’s qualifications are under cloud. He has submitted that the document is required by him to further investigate and verify its authenticity as his assumption has been substantially proved having received a copy of Shri Sastry’s degree certificate under RTI which was found to be fake. The FAA in his order dated 11/01/2013 has recorded that Shri Sastry was appointed in the year 1998 through the Staff Selection Commission at Food & Supplies department, Government of NCT of Delhi, New Delhi on the basis of his passing SSLC and subsequently on his request has been transferred to CGIT-cum-LC, Bangalore in the year 1999 and after putting in six years of service as LDC has been promoted as UDC in the year 2006 and since then he is serving in that capacity. It is further recorded that since Shri Sastry’s appointment was made on the basis of Pass in SSLC a copy of the same is available in the office and he was not expected to furnish copy of his 1st or 2nd PUC mark sheet and the CPIO has correctly informed of its non-availability. Prima-facie, from the elaborate findings recorded by the FAA in his order dated 11/01/2013 it appears that the information sought by the appellant (viz. copy of Shri BVS Sastry’s 1st PUC mark sheet) is not available on record, however, looking to the fact that Shri Sastry’s PUC qualification has been recorded in his service file and he had made an attempt to further upgrade Page 2 of 3 his qualification to graduate on the basis of fake degree/mark sheet it cannot be said that the appellant’s apprehension of suppression of information is entirely without basis. In view of the foregoing and the specific pleadings of the appellant the FAA is directed to look into the matter and provide a copy of the 1st PUC Mark Sheet of Shri B V S Sastry’s to him within 15 days from the date of receipt of this order. If, however, a copy of the mark sheet is not available on record the FAA should file an appropriate affidavit before the Commission clearly stating that the relevant information is not available. A copy of the affidavit should be provided to the appellant. The appeal is disposed of accordingly. BASANT SETH Information Commissioner Authenticated true copy: (R. L. Gupta) Dy. Registrar/Designated Officer Page 3 of 3
© Copyright 2024 ExpyDoc
