File No. CIC/AD/A/2011/002320. Case: Shri Dinesh Kumar Saboo Vs Central Railside Warehouse Company Limited (CRWC). Central Information Commission
| Case Number | File No. CIC/AD/A/2011/002320 |
| Counsel | For Appellant: Shri S.K. Roy and For Respondents: Shri Tarun K. Dey, DGM/PIO and Shri Dwarka Prasad, Sr. A.M. |
| Judges | Annapurna Dixit, Information Commissioner |
| Issue | Right to Information Act, 2005 - Sections 19(4), 8(1)(d) |
| Judgement Date | April 23, 2013 |
| Court | Central Information Commission |
Decision:
Annapurna Dixit, Information Commissioner
Background:
1. The Applicant filed his RTI-application (dated 27.06.2011) with the PIO, CRWC, New Delhi seeking 3 pieces of information viz., 1. money deposited in the EPF Accounts of labours by the contractor, who was engaged by the CRWC for supply of manpower; name of the labours; money deposit receipts; 2. copy of labour license of contractor; and 3. copy of ESI card and identity card issued to labours. Since the Applicant did not receive any reply from the PIO, he made his first appeal to the Appellate Authority (AA) on 28.07.2011. The AA responded to this appeal on 10.08.2011 making a mention therein of a reply dated 02.08.2011 of the PIO by which the PIO had declined the disclosure of information to the Applicant citing exemption under Sections 8(1)(d) and (e) of the RTI-Act. The AA enclosed a copy of said reply of the PIO with his order. The Appellant, aggrieved with the PIO's reply, filed his second appeal before the Commission on 05.09.2011. Acting on this second appeal, the Commission held a hearing in the matter on 05.01.2012 and gave following directions:
Considering the importance of the matter which deals with the compliance of the labour law by the Contractor which in turn affects the workers engaged by the public authority through contractor, it is directed that the Appellate Authority shall call for all the records relating to the present enquiry from the contractor and then decide on whether the information sought by the Appellant can be made available to him or not under the provisions of the RTI Act, within the framework of the terms and conditions laid down in the contract. The Appellate Authority may pass a speaking order in this connection within 4 weeks of receipt of this order.
4. The information (i.e. copy of labour license-item no. 2) based on which the contract was awarded to the contractor, however, to be furnished to the Appellant by the PIO by 31.1.12.
Pursuant to the above order of the Commission, the Appellate Authority (Shri R.K. Sadhwani) passed an order dated 16.03.2012 declining the disclosure of requisite information to the Appellant in view of...
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