The CIC said it was necessary for the principal employer to access information regarding the compliance by the contractors or other workers working on its site. This is the 121st in a series of important judgements given by former Central Information Commissioner Shailesh Gandhi that can be used or quoted in an RTI application

The Central Information Commission (CIC), while allowing an appeal, directed the Public Information Officer (PIO) in the Department of Space (DS) at Bengaluru-based Indian Space Research Organisation (ISRO) to access the information regarding the provident fund (PF) status of sub-contractors and the sub-sub-contractors workers of Premier Explosives and provide it to the appellant.

While giving this judgement on 26 August 2011, Shailesh Gandhi, the then Central Information Commissioner, said, “...all public authorities have special duty to ensure that laws are adhered to by their contractors and sub-contractors. The information regarding the (PF) facilities being given to the sub-contractors is certainly information which can be accessed by the public authority as per the requirement of the law.”

Nellore resident Notam Mohan, on 5 May 2010, sought information regarding works or services carried out by the sub-contractors, sub-sub-contractors of Premier Explosives from the PIO of DS at the ISRO, under the Right to Information (RTI) Act.

In his reply, the PIO stated, information sought (by Mohan) was not held by the office and the same does not come under Section 2(f) of the RTI Act, 2005. Further, the PIO provided a list of sub-contractors and subsequently asked Mohan to contact Premier Explosives for details of works and services provided by the contractors.

Not satisfied with the reply, Mohan then filed his first appeal stating that he believes that the PIO's claim of Section 2(f) and the company being not under the purview of RTI Act was not reasonable. There was no mention of any order passed by the First Appellate Authority (FAA).

Mohan then approached the Commission. In his second appeal, he maintained that his allegations of having received only part, misleading and false information.

Subsequently, as per the suggestion from the PIO, on 20 June 2011, Mohan sought information from Premier Explosives. However, the company replied saying that RTI Act was not applicable to Premier Explosives.

During the hearing through video conferencing before Mr Gandhi, Mohan reiterated his demand for information about the sub-contractors and sub-sub-contractors of Premier Explosives who are carrying out the work at the site of the public authority (ISRO).

The PIO stated that the DS does not keep information about the sub-contractors and sub-sub-contractors and this was also not required as per law.

Mohan contended that as far as payment of provident fund (PF) is concerned the public authority is responsible for ensuring that PF is paid to all the workers working in the premises of the public authority and as a principal employer, it is the responsibility of the public authority to monitor this.

The PIO stated that since the department does not hold the information, he cannot be asked to provide it as per Section 2(f) of the RTI Act.

Section 2(f) of the RTI Act defines,

“information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force”. 

Mr Gandhi said, “It is necessary that the principal employer must access information regarding the compliance by the contractors or other workers working on the site. The Commission would here like to point out that all public authorities have special duty to ensure that laws are adhered to by their contractors and sub-contractors. The information regarding the PF facilities being given to the sub-contractors is certainly information which can be accessed by the public authority as per the requirement of the law.”

While allowing the appeal, the Commission then directed the PIO to access the information regarding the PF status of the sub-contractors and the sub-sub-contractors workers and provide it to Mohan before 20 September 2011.

CENTRAL INFORMATION COMMISSION

Decision No. CIC/SM/A/2010/001353/SG/14305

https://ciconline.nic.in/cic_decisions/CIC_SM_A_2010_001353_SG_14305_M_65662.pdf

Appeal No. CIC/SM/A/2010/001353/SG

Appellant                                            : Notam Mohan

                                                               Nellore, Andhra Pradesh                                     

Respondent                                        : S Satish

                                                              PIO & Director

                                                             ISRO-Department of Space

                                                             Antariksh Bhawan,

                                                             New Bel Road, Bangalore