Central Information Commission
Mr.Vinay Mehra vs Ministry Of Labour And Employment on 29 November, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No.CIC/SM/A/2011/002621/BS/1323
Relevant Facts emerging from the Appeal
Appellant : Mr. Vinay Mehra
S-555, G reater Kailash-II,
New Delhi - 110048
Respondent : CPIO & APFC
EPFO
Regional Office
Plot no. 43, Sector-44,
Gurgaon -122002
RTI application filed on : 25/07/2011
PIO replied : 04/10/2011
First appeal filed on : 01/09/2011
First Appellate Authority order : Not mentioned.
Second Appeal received on : 15/11/2011
Information sought:
1. A certified copy of the office note recording the reasons why the EPF Organization demanded and collected employer's share towards EPF from EJL @ 12 % for the period 1.4.2000 onwards despite the EPF Act stipulating that for BIFR Companies the employers' share is 10%.
2. A certified copy of the office note, etc wherein the EPFO dealt with and processed EJL's submissions in its reply dated 11.9.2002, and other letters/correspondence, to the show cause notice dated 2.9.2001 under Section 14-B and 7 Q of the EPF Act.
3. A certified copy of the office note, etc regarding the decision of the EPFO not to file a reply in the matter of the appeal filed by Lit before the EPFAT. What are the reasons recorded for not filing a reply!
4. Certified copies of the action taken reports and office notes/memos on EJL's letters dated 23.4.2004, 21.3.2005, 21.3.2005, 3.5.2005'and 23.2.2006 on the subject of refund and adjustment of excess amounts received from EJL on account of employers share towards EPF for BIER companies is 10 % and that EJL be allowed to deposit employer's share towards EPE ® 10 %.
5. Has the EPF Organization complied with the order dated 18.3.2011 of the EPFAT in the matter of M/s Nijjar Agro Foods Ltd vs OPEC Amritsar (ATA No 483 (Ii) 2007).
6. Has the EPF Organization filed an appeal before the Hon'ble High Court or the Hon'ble Supreme Court against the order dated 18.3.2011 of the EPFAT in the matter of M/s Nijjar Agro Foods Ltd vs OPEC Amritsar (ATA No 483 (11)2007).
7. Certified copy of the action taken report and office note/memo on the EJL's letter dated 30.6.2011 in respect to the excess amount of Rs 2,44,095.03 received/by, the EPF Organization on account of taking employers contribution @ 12 % instead of the 10 % required from B1FR Companies:Page 1 of 3
8. Certified copy of the verification by the EPF Organization of the spreadsheet showing excess amounts deposited by EJL to ascertain the correctness of the calculations submitted by EJL.
Grounds for the Second Appeal:
The PIO has not provided complete and correct information. Direct the PIO to provide complete information.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Vinay Mehra through TC: (M: 9953031735) Respondent: Mr. Rajan Kumar Kamra, CPIO's representative Tele: 0124-2578747 The appellant stated that he has not been provided complete information as requested in his RTI application dated 25/07/2011. The CPIO's representative contended that information as available on record has been furnished to him vide letter dated 04/10/2011. The appellant requested for permission to inspect the relevant records. The CPIO's representative agreed to allow the inspection.
Decision Notice:
The Commission directs the CPIO to permit the appellant to inspect the relevant records relating to his RTI application dated 25/07/2011 after fixing a mutually convenient time and date with him, within 15 days of receipt of this order. The appellant should also be permitted to take photocopies/extracts there from, duly attested by the CPIO, free of cost, up to 50 pages.
The appeal is disposed of accordingly.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
BASANT SETH Information Commissioner November 29th, 2012 Page 2 of 3 (In any correspondence on this decision, mention the complete decision number.) (RM) Page 3 of 3