Central Information Commission
Usha Rani vs Employees Provident Fund Organisation on 26 September, 2019
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सच ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
Decision no.: CIC/EPFOG/A/2018/633711/01740
File no.: CIC/EPFOG/A/2018/633711
In the matter of:
Usha Rani
... Appellant
VS
Asst. PF Commissioner (Pension)/ PIO
Employees Provident Fund Organisation,
Regional Office: Delhi (South)
EPFO Complex, Plot No. 23, Sector- 23,
Dwarka, New Delhi - 110 075
&
Nodal CPIO
EPFO, Head Office,
Bhavishya Nidhi Bhawan,
14, Bhikaji Cama Place, New Delhi - 110 066
... Respondents
RTI application filed on : 31/05/2018 CPIO replied on : 31/07/2018 First appeal filed on : 24/07/2018 First Appellate Authority order : 31/08/2018 Second Appeal dated : 15/10/2018 Date of Hearing : 26/09/2019 Date of Decision : 26/09/2019 The following were present:
Appellant: Present in person alongwith Shri Kaushaz Kumar Respondent: Shri Jyotinder Azad, Assistant P.F Commissioner and CPIO, present in person.
1Information Sought:
The appellant has sought the following information:
1. As per the citizen charter of EPFO in how many days an application is processed for revision of pension after submission of documents. Provide copy of the same.
2. Action taken on the letters of appellant for revision/fixation of her new pension. Provide certified copy of the same.
3. Certified copies of the file noting and enclosures in which her case for new pension has been processed.
4. And other related information.
Grounds for Second Appeal The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that the CPIO has provided an irrelevant reply vide letter dated 31.07.2018. She further submitted that the CPIO has not complied with the timeline. Moreover, the certified copies of the documents were not given. Hence the respondent has flouted the provisions of the RTI Act. She also submitted that copies of the calculation sheet, file notings and attachment/ enclosures asked in the RTI application dated 31.05.2018 was not provided even after the FAA order dated 31.08.2018. She pressed for penalty as per RTI Act on the CPIO & FAA for providing incorrect, incomplete and misleading information and for not providing the information as per the timeline of the RTI Act. She requested to direct EPFO,RO (South) Dwarka, New Delhi to provide certified copies of information asked in her application and all file notings, attachments/ enclosures of her concerned file (Pension enhancement) since January 2018 to till date.
The Dealing Assistant of the respondent organisation created disturbance during the proceedings and despite repeated advice of the Commission to maintain the decorum of the Commission, he was continuously interrupting the appellant when he was trying to make his submissions. He showed disorderly behaviour in the court room of the Commission during the hearing. It is necessary that decorum has to be maintained at all times and even when the contention is justified it must be in a language of utmost restraint, always keeping in view that the person making the comment is also fallible. The CPIO is advised to refrain from depending on the dealing assistant to plead before 2 File no.: CIC/EPFOG/A/2018/633711 the Commission. He should ensure that his assistant maintains appropriate behaviour when addressing the bench.
In view of the above, the Commission was constrained to ask the concerned representative of the respondent organisation to leave the Court Room. The CPIO tendered his unconditional apology on behalf of that officer and requested to allow him to plead the case.
Accordingly, he was allowed to plead. The CPIO submitted that the Higher Wages Pension application along with form 3A of Mrs Usha Rani bearing P F Code No. DL/1893/661 was submitted to his office on 24.02.2018 and the same was processed as per the Office Order No. RO/DLS/Pension/PDS/2018 dated 18.07.2018 and Meeting Note dated 29.10.2018 on the issue of higher wages pension revision published from RC-I cell and forwarded alongwith calculation sheet to the concerned Accounts section on 31.07.2018 for further necessary action.
He further submitted that after some time the same was returned by the concerned Accounts section to the Pension section over the issue of genuineness of form 3A and discrepancy in calculation sheet for not calculating employee share 1.16% paid on more than statutory wages ceiling. Furthermore he submitted that the same was rectified again and forwarded along with inspector's report dated 04.12.2018 to the concerned Accounts Section for further necessary action. That the same was again returned on 12.06.2019 by the concerned Accoun's section with the remarks that neither establishment nor member had submitted the required documents i.e permission under 26(6) of EPF Scheme 1952, which is precursor condition to file option U/P 11(3) of EPS Scheme-1995. Hence in the absence of the above said documents the Accounts section is unable to prepare revised IDS in respect of the above mentioned applicant. As a result the same is pending.
He further submitted that meanwhile EPFO head office had issued a last circular dated 04.06.2019 in the matter of higher wages pension revision cases, regarding the verification of documents submitted by the employer to avoid the over/wrong/fraudulent payment to pensioners; in this connection several preventive actions were also taken by the department.
Furthermore, he stated that the Member has again submitted higher wages pension revision request letter dated 05.06.2019 on the issue of the demand draft no. 170966 of having amount of Rs 1,51,306/- dated 03.01.2019 3 deposited by the member against her higher wages pension revision calculation. In this connection there is no status report of demand draft deposited by the member available with pension section. Further pension section has issued an office note dated 17.06.2019 on the above mentioned matter to the concerned Accounts section for further necessary action. As in the absence of status report of demand draft, pension section is unable to take further necessary action against the higher wages pension application submitted by the applicant.
An office note dated 16.07.2019 issued by Accounts section received to pension section on 16.07.2019 for retaining the same demand draft of Mrs Usha Rani by this office until the requisite records u/p 26(6) of EPF Scheme, 1952, copy of wages/salary sheet, copy of balance sheet profit and loss account (audited) etc are submitted by the employer which is required to examine the eligibility of the claimant for higher wages pension and same was also informed to Smt Usha Rani vide office letter dated 29.07.2019 to avoid any over/wrong/fraudulent payment.
He also submitted other department's internal documents/synopsis on pension litigations on higher wages pension revision which is as under
i) Synopsis for conference on Pension litigations dated 18.02.2019
ii) Legal opinion dated 06.03.2019 on higher wages pension revision matter.
iii) Draft points dated 24.05.2019 on RC Gupta Judgment for litigations.
iv) Synopsis dated 19.09.2019 on pension litigation.
Observations:
Based on a perusal of the record, it is noted that no relevant reply was given. Moreover the FAA's order was not complied with by the CPIO. Decision:
In view of the above, the CPIO is directed to provide a pointwise reply as per the queries raised by the appellant in her RTI application dated 31.05.2018 within 15 days from the date of receipt of this order. Keeping in view the request of the appellant with regard to penalty, disciplinary action to be taken against the then CPIO Shri Sunil Kumar, the Commission finds no malafide in the failure to give the proper information. It appears to be more of a lack of understanding of the provisions of the RTI Act and a casual approach in replying. Accordingly, the then CPIO is issued a strict warning to be careful in providing replies to the RTI applications and refrain 4 File no.: CIC/EPFOG/A/2018/633711 from providing incorrect/interim/delayed and incomplete replies which may attract penal action u/s 20(1) and (2) of the RTI Act. The present CPIO is directed to serve a copy of this order to the then CPIO under intimation to the Commission.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आय! ु त) Authenticated true copy (अ भ मा णत स या पत त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 5