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Central Information Commission

Mr.Kapil Arora vs Employees Provident Fund Organisation on 19 June, 2013

                         CENTRAL INFORMATION COMMISSION
                            Club Building (Near Post Office)
                          Old JNU Campus, New Delhi - 110067
                                 Tel: +91-11-26101592

                                             File No. CIC/BS/A/2012/000699+000841+ 001029/2779
                                                                                 19 June, 2013

Relevant Facts emerging from the Appeal:

Appellant                                :       Mr. Kapil Arora
                                                 A-8/9, Rana Pratap Bag,
                                                 Delhi-110007

Respondent                               :       CPIO & APFC
                                                 EPFO
                                                 Sub-Regional Office
                                                 F-117-118, Main Bazar,
                                                 Laxmi Nagar, Delhi-110092

RTI application filed on                 :       15/02/2012
PIO replied on                           :       15/03/2012
First appeal filed on                    :       22/03/2011
First Appellate Authority order          :       26/04/2011
Second Appeal received on                :       16/05/2012

Information sought

:

1- I have received copy of order passed under 7A on 02/12/2011, there are following discrepancies in this:
(i): Signature of APFC (UN Mishra) on front page and Page no. 3 is different or not.
(ii): Date also not mentioned on Page no. 3, whereas the date mentioned on 7A is 26/03/2010.
(iii): There is no official seal on Page no. 3.
(iv): order no. is also not mentioned in the order.
(v): What is difference in printings of Page no. 1 and Page no.2?

Therefore a certified copy of order passed under 7A has to be provided. 2- What action has been taken to recover the dues of as mentioned in the order passed under 7A?

Grounds for the Second Appeal:

Unsatisfactory information has been provided.
Relevant Facts emerging during Hearing held on 16/05/2013:
The following were present Appellant: Mr. Kapil Arora M: 9811856449 Respondent: Mr. U N Mishra CPIO M: 9717820463 The appellant stated that there are discrepancies in the information furnished to him. He pointed out that in the 7A order the signatures on the front and last page are different, seal has not been affixed, no date is mentioned in the order and the printing of pages is also different. The Page 1 of 3 CPIO stated that the information, as available on record, has been provided and if there are any discrepancies in the 7A order he is prepared to issue a fresh document. The appellant pleaded that the crux of his grievance is that the PF authorities have not recovered interest under Section 7Q and 14B from the establishment for the period 01/01/1994 to 31/10/2003. The CPIO stated that he will go through the records and in case the interest has not been recovered, he will take appropriate action for recovery as per provisions of the EPF Act. He further stated that as regards the appellant's order passed under Section 7Q and 14B it includes up to date interest and penal damages and added that in order to satisfy the appellant he is willing to allow him to inspect the relevant records so that he can see for himself that all his dues have been properly calculated. The appellant stated that the matter should not be concluded to enable the respondent to show him the records and this matter should be clubbed with his other appeals viz. File No. CIC/BS/A/2012/000841 listed for hearing on 28/05/2013 & File No. CIC/BS/A/2012/001029 listed for hearing on 10/06/2013. The CPIO stated that the hearing may be fixed after first week of June as he is proceeding on leave.
Interim Decision notice dated 16/05/2013:
After hearing submissions of both the parties it is decided to club the case in hand with the appellant's other appeals as aforesaid and hear all the matters together.
The hearing is adjourned for 19/06/2013 at 4.00 PM.
Relevant Facts emerging during hearing on 19/06/2013: In file nos. CIC/BS/A/2012/000699+CIC/BS/A/2012/000841+CIC/BS/A/2012/001029 The following were present Appellant: Mr. Kapil Arora M: 9811856449 Respondent: Mr. U N Mishra CPIO M: 9717820463 The appellant accepted that he has received the information but wants the copies to be attested. He further stated that his employer has informed the department vide letter dated 27/06/2012 that his service matter is pending before the competent labour court. The CPIO stated that he will attest the copies of the documents provided to the appellant and will take appropriate action as per the final decision of the competent court as and when the same is received.
Decision notice:
As stated by the CPIO he should attest the copies of the documents already furnished to the appellant.
This order disposes of the appellant's matters in file nos. CIC/BS/A/2012/000699, 000841 & 001029.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. In any correspondence on this decision, mention the complete decision number.
BASANT SETH Information Commissioner Page 2 of 3 Page 3 of 3