Central Information Commission
Sandip Vora vs Employees Provident Fund Organisation on 19 September, 2018
CENTRAL INFORMATION COMMISSION
(Room No.313, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi-110067)
Before Prof. M. Sridhar Acharyulu (Madabhushi Sridhar), CIC
Complaint No.: CIC/EPFOG/C/2018/621467
Shri Sandip Vora Appellant
Versus
CPIO, EPFO, New Delhi Respondent
Order Sheet: RTI filed on 12.09.2017, CPIO reply - Nil, FAO - Nil, Second appeal filed on 28.03.2018,
Hearing on 18.09.2018;
Proceedings on 03.08.2018: Complainant present, Public Authority represented by Mr. Alok Kumar,
APFC and Mr. Vikas Rathore, UDC. Directions and show cause issued.
Proceedings on 18.09.2018: Complainant present in person, Public Authority represented by CPIO.
Mr. Gyanendra Kumar present at CIC
Date of Decision - 19.09.2018: Penalty proceedings dropped
ORDER
FACTS:
1. The appellant in his RTI application stated that it is connected with ATA 848 (5) of 2016 filed in Employees' Provident Fund Appellate Tribunal (EPFAT), New Delhi. He specifically sought for information regarding status of ATA and next hearing date; whether it has been transferred to CGIT Ahmedabad and if yes, then the copy of transfer; details of acceptance or noting copy of his third party representation along with last date of hearing and its order copy. Since no information was received, the appellant approached this Commission.
2. The Commission's order dated 03.08.2018:
2. The officer submitted that the online RTI was received on 12.09.2017 and the concerned Nodal Officer forwarded to the CPIO, EPFAT on 13.09.2017. The first appeal was received on 25.10.2017 and the same was forwarded to the concerned CIC/EPFOG/C/2018/621467 Page 1 First Appellate Authority on the same day. On 09.07.2018, the respondent authority wrote a letter to the appellant, which explains:
"With reference to your RTI application dated 25.11.2017, find herewith the information as per the points marked in your application:
1. Please take notice that new number of your transferred ATA 848(5) of 2016 is EPF Appeal/TRF/0006/2017 and is fixed on 20th July 2018 for hearing arguments of parties.
2. The appeal has been transferred in CGIT-cum-Labour Court, Ahmedabad and the copy of letter regarding transfer of appeals from EPFAT, New Delhi to CGIT-cum-Labour Court, Ahmedabad is enclosed herewith.
3. Your copy of representation is kept with the case file.
4. Last date of hearing of appeal was 18.04.2018 and the copy of proceeding (rozkam) is enclosed herewith.
If you are not satisfied by this information, you are at liberty to prefer appeal against this information before the Hon'ble Presiding Officer and appellate authority CGIT-cum-Labour Court, B-7, M.S. Building, Lal Darwaja, Ahmedabad-380001 under Right to Information Act, 2005 within thirty days from the date of receipt of the decision."
3. Mr. Avtar Chand Dogra, Presiding Officer of Central Government Industrial Tribunal Cum Labour Court on 31.07.2018, which explains:
"...it is submitted that only point No. 2 of the RTI Application dated 12/09/2017 pertains to this Tribunal and the information sought vide point no. 2 is given below. The RTI Application dated 12/09/2017 which was received in this Tribunal on 30/07/2018 along with the notice of hearing No. CIC/EPFOG/2018/621647 dated 11/07/2018; the point-wise information is supplied as under:-
Sr. Information demanded Supplied information
No.
2. Whether it has been Yes, the Appeal file in ATA No.
transferred to CGIT 848(5)2016 has been transferred to
Ahmedabad and if yes than CGIT Ahmedabad vide letter dated
copy of Transfer 10/08/2017. Copy of the letter is
enclosed herewith.
Further, for the information sought at point No. 1, 3 & 4 the application been transferred to CPIO, Central Govt. Industrial Tribunal cum Labour Court, Ahmedabad on 30/07/2018.
It is also humbly submitted that this application filed by applicant Shri Sandip Vora was received for the very first instance on 30/07/2018 in this Tribunal as consequent upon implementation of Finance Act, 2017, the erstwhile EPFAT which was situated in SCOPE Minar, Laxmi Nagar, Delhi was merged with Central Government Industrial Tribunal cum Labour Court now situated at CIC/EPFOG/C/2018/621467 Page 2 Dwarka Court Complex. This application under RTI Act, 2005 was never received in CGIT, Delhi in the past. The transfer of the RTI application dated 12/09/2017 to the EPFAT as stated by the Assistant P.F/ Commissioner (PID), EPFO, Head Office in his letter, was made on the email address of EPFAT i.e. [email protected] on 13/09/2017, whereas, the EPFAT ceased to exist w.e.f. 26/05/2017 and CGIT cum Labour Courts came into existence. The email address and passwords of EPFAT were duly surrendered. Therefore, this CGIT never received the online RTI application dated 12/09/2017.
It is also submitted that exactly same set of information was sought by Shri Sandeep Vora vide his application dated 25/11/2017 from CPIO, CGIT Ahmedabad. In this case the CPIO, CGIT Ahmedabad provided the information.
Since, the information has already been supplied to the applicant, therefore, it is humbly requested that the appeal may kindly be dismissed."
4. The appellant submitted that he has not received any information till date. The officers submitted that complete information was provided. The Commission upon perusal of records finds that there is inordinate delay of nearly 10 months in responding to the RTI application. Hence, the Commission directs Mr. Gyanendra Kumar, APFC/CPIO and the CPIO of Central Government Industrial Tribunal to show-cause why maximum penalty should not be imposed against each of them for not providing the information within stipulated 30 days time. All the responses must reach this Commission, within 30 days.
Decision :
3. Mr. Gyanendra Kumar, CPIO and Assistant Provident Fund Commissioner submitted explanation to the show-cause notice on 13.08.2018. He submitted that the information in the RTI requested by the applicant belongs to either CGIT Ahmedabad or EPFAT New Delhi (ceased to exist on 26/05/2017 and operations merged with existing CGIT's). EPFO is an independent organization and has no control over any of the tribunals mentioned above. Both the tribunals function/functioned under the administrative control of Ministry of Labour & Employment. Since the information was not related to EPFO, the RTI application dated 12.09.2017 was transferred electronically to EPFAT on next day i.e. 1310912017 by concerned official dealing with online RTIs in EPFO without any delay. It was bonafide mistake on part of concerned official as he was unaware that the EPFAT id has stopped working. There was no intention to create obstruction or deny information.
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4. The CPIO stated that the first appeal of applicant was received on EPFO RTI portal of the applicant on 25/10/2017 which was forwarded to EPFAT, New Delhi on same day without any delay. Again it is submitted that the concerned officer who transferred appeal to EPFAT was unaware that the EPFAT id is not working. On 25.11.2017 the applicant Shri Sandeep Vora filed the same RTI directly with the concerned CGIT which was replied by CPIO, CGIT Ahmedabad on 09/07/2018 thereby ending the doubt as to who is the concerned custodian of information sought by the applicant. It is also submitted that generally if any government wing ceases to exist, a facility is provided to transfer all the incoming mail and communications to the new wing that takes charge. However in case of EPFAT, it ceased to exist and neither the ID of EPFAT in online portal was deleted nor was any facility at backend provided to transfer the incoming RTI's to CGIT's.
5. The Commission has perused the written submissions of Mr. Gyanendra Kumar. The merger of two forums in Gujarat i.e. Employees' Provident Fund Appellate Tribunal and Central Government Industrial Tribunal, Ahmedabad on 26.05.2017 caused the transfer of matters as well as files. The Public Authority duly updated its case list along with transferred matters from EPFAT and the list of status and next date of hearing of appellant's pending case has been furnished. The CPIO is advised to respond to RTI applications within 30 days and communicate the status or time within which the information sought can be provided to applicants in all future RTI application. The explanation submitted by Mr. Gyanendra Kumar is reasonable and satisfactory, hence, the penalty proceedings against him are dropped. Disposed of.
SD/-
(M. Sridhar Acharyulu)
Central Information Commissioner
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