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2024 Supreme(Online)(CIC) 7508
CENTRAL INFORMATION COMMISSION
Vinod Kumar Tiwari, Information Commissioner
Narayan Chandra Behera – Appellant
Versus
PIO, O/O THE LABOUR COMMISSIONER – Respondent
CIC/GNCTD/A/2023/101205|CIC/LBDPD/A/2023/119969
For the Appellants/Petitioners: None listed
For the Respondents: None listed
Mere non-appearance cannot dispose RTI first appeals; must adjudicate on merits per natural justice.
Headnote:First Paragraph: RTI Act, 2005, S.6(3) governs transfer of applications. Appellant filed RTIs seeking certified copies of action reports, orders, and circulars related to labour department proceedings and transfers. Court found first appeals disposed solely on non-appearance, violating natural justice. Second Paragraph: Issues framed around improper RTI transfers and failure to provide information; ratio that mere absence cannot dispose appeals, requiring merits adjudication. Last Paragraph: Appeals remanded to First Appellate Authority for fresh hearing and reasoned order within 4 weeks.
Information sought:
The Appellant filed an RTI application dated 11-07-2022 seeking the following information:
“1. Please provide the Certified Copy of the Action taken Report on the part of the Office of the Labour Commissioner, Delhi to the 3rd March, 2017's EMail based forwarded Complaints of the PMO, DELHI, routed through the RLC(Central), Training, sent at the Official EMail Id - labjlc2.delhi@nic.in & labjlc3.delhi@nic.in, bearing Complaint Regn No. PMOPG/E/2017/0085442 dated 11.02.2017.
2. Please provide Certified Copy of the Order Sheet/ORDER of Mr Amardeep, Ist Appellate Authority/Deputy Labour Commissioner (South District), Labour Department, A- Wing, Ist Floor, Room No.122, Pushpa Bhawan, Pushp Vihar, New Delhi-110062, i.e. in respect of the said Ist Appellate Authority's ACTIONS Taken, after having the Transferred Ist APPEAL received from the OFFICE of the SECRETARY - Cum- LABOUR COMMISSIONER, RTI Branch, GOVT. of NCT of DELHI, 5- Sham Nath Marg, Delhi- 110054, sent by Poonam Kalra, SPIO(HQ), Section Officer, bearing Appeal I.D. No.206/LC/RTI/2021/1754, dated 08.04.2021.
3. Please Provide the Certified Copy of "Govt. Circular/Office Memo/Standing Instructions of the GOVT. of NCT of DELHI, enabling to an SPIO of any DISTRICT LABOUR OFFICE of DELHI LABOUR ADMN of GOVT. of NCT of DELHI to entertain an "RTI Application & such District LABOUR OFFICE is empowered to Supply the sought INFORMATION Directly to the RTI Applicant", when an RTI Application is really "meant for & sent to the "PIO, LABOUR DEPARTMENT of GOVT. of NCT of DELHI", seeking INFORMATION relating to the "POSITIONAL ACTIONS of either of the LABOUR COMMISSIONER, DELHI, or of the SECRETARY-Cum- COMMISSIONER, LABOUR DEPARTMENT, GOVT. of NOT of DELHI".
4. Please provide the Certified Copy of the Action Taken Report of the DEPUTY LABOUR COMMISSIONER (South), Pushpa Bhawan, Pushp Vihar, New Delhi - 110062, as against the said Authority's received very OFFICIAL LETTER of Mr Gauri Parashar Joshi, IAS, Deputy Resident Commissioner, O/o the Principal Resident Commissioner to Odisha Govt. Chanakyapuri, New Delhi - 110021 of dated 22.04.2014.
5. Please provide the Certified Copy of the Action taken Report of the SECRETARY-Cum- COMMISSIONER, Department of Labour & Employment, GOVT. of NCT of DELHI, 5- Sham Nath Marg, Delhi-110054 to the 2 different OFFICIAL LETTERS of the CENTRAL LABOUR MINISTRY, GOVT. of INDIA, being signed & sent by Mr. SK Sahu, Dy Director of CENTRAL LABOUR MINISTRY, bearing F. No. L-53017/01/2018-IR(IMP-II) & F. No.L-53017/01/2018- IR( IMP-II) of dated 25.07.2019 & of dated 20.03.2020 respectively.
6.Please provide the Certified Copy of the Action taken Report of the SECRETARY-Cum- COMMISSIONER, Department of Labour, GOVT. of NCT of GOVT. of NCT of DELHI, 5- Sham Nath Marg, Delhi-110054 to the 12th October, 2020's Speed Post based WRITTEN APPEALS of Narayan Chandra Behera, B- 382, 3rd Floor, Dakshinpuri, Ambedkar Nagar, New Delhi-110062.
7. Please provide the Certified Copy of the Action taken Report of Sh. Narendra Singh, Dy. Labour Commissioner (Vigilance), Labour Department, Vigilance Branch, GOVT. of NCT of DELHI, 5-Sham Nath Marg, Delhi-110054, in response to this RTI Applicant's 4th October, 2020's EMail based REPRESENTATION, & 22.11.2020's Speed Post based WRITTEN COMPLAINTS to said Mr Narendra Singh, DLC(Vig), Labour Department, Vigilance Branch, Delhi-110054, specifically for supplying the Copy of specified Letter of dated 17.02.2020, which he did quoted in his OFFICIAL LETTER as Complaint Letter, bearing No.F.Comp/Distt.- South/02/09/P.File-1/2806 dated 25/29.09.2020.
8. Please Provide the Name, Exact Designation & Official EMail Id of the present PIO, Vigilance Branch of the LABOUR DEPARTMENT, GOVT. of NCT of DELHI, 5- Sham Nath Marg, DELHI-110054.
9. Please provide the OFFICIAL Telephone Number & OFFICIAL EMail Id of the SPIO/LABOUR OFFICER, O/o the Joint Labour Commissioner (South District), LABOUR DEPARTMENT, GOVT. of NCT of DELHI, A- Wing, Is
