Adv Neeraj Kumar Nirmal,

NIVYA LAW CHAMBERS

No. 125/6, Nanjappa Complex, Chandra Layout, 80 Feet Road, MarutiNagar, Nagarbhavi
Main Road, Bangalore-560072
[email protected]
Mobile :-9481626617

Date
Place

Legal Notice

To,
The Secretary to Government of Karnataka,
Department of Labour
No. 414, 4th floor, Vikasa Soudha,
Dr. B. R. Ambedkar Veedhi,
Bengaluru 560001.

Respected Sir/Madam,

Under due instructions of My client Mr Niraj Shanthakumar aged about

Ref: - Protection of absentee employees of (Employee State Insurance Hospitals

1. My client represents that the he has sufficiently learnt that the Hospitals
run under the Employee’s State Insurance Scheme Medical Service lacks
the services of medical and other allied staff on its rolls.
2. My Client Represents that the Medical and other staff are being paid
salary from the Karnataka States funds as a reward for not attending duty
and drawing salary in full as per their contract.
3. My Client Represents that it has come to his knowledge that the medical
and other allied staff at the dispensaries and hospitals employed as per the
above mentioned scheme have failed to report
to duty on a regular basis but are paid their salaries in full.
4. My Client Represents that the department has installed the Bio Metric
attendance for employees, adhering to the policy of transparency in line
with the policy of the state
5. My Client Represents that he has suitable learnt that the installed Bio
Metric attendance system is not working in most of the units and the
same is not being enforced for reasons which are best known to you.
6. My Client Represents that the Bio Metric system was mandated and
implemented to bring in transparency in the working of the government
and with an aim to improve service as well as accountability.
7. My Client Represents that the statistics displayed in the website if taken
into account then it is obvious as to the reasons the bio metric systems are
not working and the reasons for not marinating the same are best known
to you.
8. My Client Represents on filing Applications under the RTI Act 2005 he
received a reply from the ESI Hospital in Indiranagar, wherein the Public
Information Officer (PIO) has replied that it is classified matter under
section 8 (j) of the RTI Act 2005, and whether the information sought
was much in the public interest has to be convinced to the PIO, further it
was added that under sec 11 of the RTI Act it was sought that the staff
have been asked to reply whether it can be made public and based on
their reply it will be decided to make information public on payment of
money as mandated.
 9. My Client Represents that it is out in the open the reasons stated
henceforth are done with a ulterior motive for example, the applications
filed are being sent back on flimsy reasons, like dispensary mentioned in
hospital application, postal order not addressed to.
10.Our client states that there is clearly no effort by concerned officials to
provide information proactively. It is evident that all possible means are
being adopted to suppress the attempts to take out information for
extraneous reason best known to the officials concerned.
Hence in lieu of the above, herewith this notice is duly served upon you, who in
your official capacity to initiate necessary actions for implementing the Bio
Metric Attendance as per the Government Policy and ensure that the policy is
implemented in letter and spirit

Our client has instructed us to study the legality of this matter and to
proceed as per the law of the land.

Advocate Neeraj Nirmal