केन्द्रीय सचू ना आयोग Central Information Commission बाबा गगं नाथ माग,ग मनु नरका

Baba Gangnath Marg, Munirka नई दिल्ली, New Delhi – 110067 नितीय अपील संख्या / Second Appeal No. CIC/MLABE/A/2024/627836 Shri Satish Ashok Sherkhane … अपीलकता/ग Appellant VERSUS/बनाम PIO, …प्रनतवािीगण /Respondent Ministry of Labour & Employment Date of Hearing : 04.03.2025 Date of Decision : 04.03.2025 Chief Information Commissioner : Shri Heeralal Samariya Relevant facts emerging from appeal:

RTI application filed on : 26.01.2024 PIO replied on : 20.02.2024 First Appeal filed on : 21.02.2024 First Appellate Order on : 21.03.2024 2ndAppeal/complaint received on : 24.06.2024 Information sought and background of the case:

The Appellant filed an RTI application dated 26.01.2024 seeking information on following points:-

1. “Refer to the Supreme Court orders dated 06.09.2023 and 06.10.2023 (copy attached) in Writ Petition(s) (Criminal) No(s). 351/2023, specifically regarding hybrid hearings in tribunals [Read with Section 2(1)(1) of the Information Technology Act 2000] and provide following information:

a) Has the Ministry of Labour, Government of India provided 'Computer System' to the Presiding Officers of the Central Government Industrial Tribunal. If Yes, please confirm the same as 'Yes'.

b) Has the Ministry of Labour, Government of India provided 'Internet Facility' to the Presiding Officers of the Central Government Industrial Tribunal. If Yes, please confirm the same as 'Yes'.

Note: Point no. C(1) is only applicable to the Ministry of Labour and Employment-New Delhi.

2. Refer to the Supreme Court orders dated 06.09.2023 and 06.10.2023 (copy attached) in Writ Petition(s) (Criminal) No(s). 351/2023, specifically regarding hybrid hearings in tribunals [Read with Section 2(1)(1) of the Information Technology Act 2000]. Forward this RTI under Section 6(3) of the RTI Act, 2005 for this point no. C(2), so that all 22 Central Government Industrial Tribunals can provide information on the following points.

a) Has the Ministry of Labour, Government of India provided 'Computer System' to the Presiding Officers of the Central Government Industrial Tribunal. If Yes, please confirm the same as 'Yes'.

b) Has the Ministry of Labour, Government of India provided 'Internet Facility' to the Presiding Officers of the Central Government Industrial Tribunal. If Yes, please confirm the same as 'Yes'.”

The CPIO(CLS-II), Ministry of Labour & Employment vide letter dated

20.02.2024 replied as under:-

“2. For point 1 & 2 Power to avail facilities of computer system and internet have been delegated to the Presiding Officer of CGIT-cum-LCs. The Presiding Officers being the Head of Departments are competent to have computer system and internet facility at their respective CGIT-cum-LCs.”

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 21.02.2024. The FAA vide order dated 21.03.2024 stated as under:-

2. “The RTI Application, information provided by CPIO and the first appeal made by the applicant have been examined and it is found that the CPIO, CLS-II Division had furnished the information to the applicant vide letter No. Z-

20018/44/2022-CLS-II(E) on 03.06.2024.

3. It is found that the information available with the CPIO has already been furnished to the applicant.

4. As regards point 4 of the appeal, it is evident from the RTI application that the Applicant knows it very well that the information sought was related to CGIT-cum-LCs. This information is not maintained in the Ministry. The Applicant may approach directly to the CPIO of the respective CGITs for obtaining the information.

5. Accordingly, the appeal is disposed of.”

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

Appellant: Present Respondent: Shri Dhanajay Sharma The CPIO vide written submission dated 28.2.2025 submitted that CLS-II Section in the Ministry of Labour and Employment deals with the admin