Central Information Commission
Mr.K D Maheshwari vs Food Corporation Of India on 26 June, 2010
Central Information Commission
Room No. 5, Club Building, Near Post Office
Old J.N.U. Campus, New Delhi - 110067
Tel No: 26161997
Case No. CIC/SS/A/2009/000044
Name of Appellant : Sh. K. D. Maheshwari
Name of Respondent : Food Corporation of India
Adipur Sh. K. D. Maheshwari, the Appellant, filed an application dated 10.09.2008, seeking detailed information of his CPF contribution made during the period of Oct. 1966 to 17th Feb. 1971, under the RTI Act. 2005. The Asst. Manager, Food Corporation of India (FCI), Adipur (Kutch) vide his letter dated 3.04.2009, enclosed copies of FCI, Headquarters' letter dated 30.07.2008 wherein they have provided the computerized CPF slips with effect from the year 198081 to 1999293 when the CPF account was computerized. Not satisfied with reply the Appellant filed an appeal before the First Appellate Authority (FAA) Gen. Manager (Gujrat) who, vide his letter dated 8.06.2009 intimated that the CPF record prior to 198081 is not available at this stage as intimated by FCI, Headquarters, New Delhi vide their letter dated 30.07.2008 and requested the Applicant to provide the required CPF slips, if available with him. The Appellant has thereafter filed a second appeal before the Commission in which he submits that in case his CPF amount Rs. 957.78 contributed up to 17.02.1971 is not yet transferred in his current CPF account, it may be transferred now according to Rule.
During the hearing the Respondent submits that the computerized accounts maintained by FCI is available from 198081 onwards and previous deductions are expected to have been correctly carried forward up to that date. They submit that it is not possible for the Respondent to provide for reconciliation of accounts prior to 198081 unless the required CPF slip are made available by the Appellant to the Respondent. The Respondent clarifies that it has been inadvertently mentioned in the letter of FCI that the Appellant has retired whereas he is still in service.
However, the Commission issued a ShowCause notice to the CPIO to explain the reasons of delay in replying to the RTI application. The CPIO was directed to ShowCause why a penalty of Rs. 25,000/ should not be imposed on him for the delay of more than 100 days in providing the complete information to the Appellant.
In the response to the ShowCause notice of the Commission the CPIO, Sh. P. B. Raval, Asst. Gen. Manager, in his explanation / reply before the Commission submits that "The application in question under RTI Act was submitted by the applicant Shri. K. D. Maheshwari on 10.09.2008. The information sought by the applicant was related to two different CPF A/Cs allotted to him during the period 10/66 to 3/69 and 4/69 to 2/71, when he was working as departmental labour. Since these accounts were being maintained in Labour CPF Division, Z.O. (W), Mumbai, his application was immediately forwarded to the concerned at Zonal Office (West), Mumbai vide letter No. Esst.1(3)/RTI/2007 dated 15/09/2008 by the then CAPIO Shri T.R. Karamchandani for providing the information to applicant within prescribed time limit as per RTI Act, 2005. Shri K.A. Shah had taken over the charge as AGM (PO) I/c during that period and was nominated as CPIO w.e.f. 16.09.2008.
As regards CPIO of source office (i.e. CPF Division, Z.O. (W), Mumbai); it is submitted that both the CPF Accounts were closed approximately 38 to 40 years back and consequent upon the appointment of applicant in F.C.I. in Category IV post during 02/1971, he was allotted another CPF Account No. 7008, which was being maintained by CPF Division, H.Q., New Delhi up to 197980. From the year 198081 onwards CPF Accounts of Category II, III & IV employees were decentralized and started to be maintained in concerned Zonal Offices.
However CAPIO /CPIO of source Office (i.e. CPF Division, Z.O. (W), Mumbai) have honestly tried to locate the information with the help of CPF Division, HQ, New Delhi and instead of giving the same reply within the time limit they did their level best to help the applicant (who is also existing employee of FCI) so as to resolved his grievance, but even after the best efforts of CPF Division, H.Q., New Delhi and CPF Division, Z.O. (W), Mumbai they could not locate the information of CPF Accounts which were closed 38 to 40 years back. The available information with HQ, New Delhi & ZO, Mumbai provided by Zonal Office Mumbai vide letter No. WZ/CPF.Staff/W.Guj Reg/ 0709 dated 4.03.2009 was conveyed to applicant vide this office letter no. Estt/1(3)/RTI/2008 dated 3.04.2009 and again on 23.04.2009.
The then CPIO Shri. K. A. Shah and the then CAPIO Shri. T. R. Karamchandani have already been retired on 31.01.2009 and 31.05.2009 respectively.
Sir, in FCI, concerned CPF Division is providing Financial Year wise accounts of the CPF balances to its employees (CPF account holders) regularly. It is the primary duty of employee to preserve the account slips supplied by the employer from time to time and to make necessary representation in the case of any discrepancy within 30 days as per rules of the Corporation. In his said delayed application after about 38 years in the subject matter the applicant has not provided the copies of all the CPF A/C slips issued to him by CPF Division of H. Q., New Delhi & CTF Division of Z.O. (W), Mumbai for the period subsequent to allotment of new CPF A/C number by CPF Division, H.Q., New Delhi (i.e. F.Y. 70 71 onwards) to confirm that balances of the old CPF A/Cs of his departmental Labour service period (i.e. 10/66 to 03/69 and 04/69 to 02/71) have been transferred to his new CPF A/C No. 7008 or not. He always remained reluctant to provide copies of the said CPF slips required for reconciliation of his CPF account."
The CPIO further submits that his office has made all efforts to provide the desired information but the delay was caused due to the above said reasons. And due to the noncorporation of the Appellant in supplying the copies of required CPF slips.
After giving thoughtful consideration to the reply of the CPIO the Commission is of the considered opinion that there were reasonable causes for not supplying the desired information to the Appellant within the period stipulated under the RTI Act. Hence, the Commission drops the penalty proceedings against Sh. P. B. Raval, CPIO/Asst. Gen. Manager, Food Corporation of India. However, the CPIO and FAA are hereby directed to ensure the implementation of the RTI Act in the true sense and they should be careful while dealing with the RTI applications and to ensure that in future no delay beyond the period stipulated under the RTI Act, is caused in providing the requisite information to the information seeker.
With this order, the matter is disposed of accordingly.
(Sushma Singh) Information Commissioner 26.06.2010