Central Information Commission
Ashutosh Kumar Anand vs Employees Provident Fund Organisation on 20 January, 2023
CIC/EPFOG/A/2021/122078
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/EPFOG/A/2021/122078
In the matter of:
Ashutosh Kumar Anand ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Employees Provident Fund
Organisation, Regional Office,
Bhavishya Nidhi Bhawan,
Sector 15A, Behind Fire Station,
Faridabad -121007
Relevant dates emerging from the appeal:
RTI Application filed on : 25.01.2021
CPIO replied on : Not on Record
First Appeal filed on : 30.03.2021
First Appellate Authority order : Not on Record
Second Appeal received on : 10.06.2021
Date of Hearing : 17.01.2023
The following were present:
Appellant: Shri Ashutosh Kumar Anand, participated in the hearing in
person.
Respondent: Shri Lokesh Yadav, Enforcement Officer & PIO, participated
in the hearing in person.
Page 1 of 5
CIC/EPFOG/A/2021/122078
ORDER
Information sought:
The Appellant filed an RTI Application dated 25.01.2021 seeking information on the following seven points:
Having not received any information from the CPIO, the Appellant filed a First Appeal dated 30.03.2021, which has not been adjudicated by the First Appellate Authority as per available records.
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of non- receipt of information from the Respondent. Appellant requested the Commission to direct the CPIO to provide complete information sought for.Page 2 of 5
CIC/EPFOG/A/2021/122078 Submissions made by Appellant and Respondent during Hearing:
The Appellant stated that he has not received the relevant information as sought in the instant RTI Application from the Respondent.
The Respondent submitted that the concerned RTI file is not traceable in the office and accordingly a new file has been opened and they will provide the relevant information to the Appellant within 7 days.
A written submission has been received by the Commission from Mr. Kesang N. Tenzing, RPF-II & CPIO (RTI Section), vide letter dated 16.01.2023 and the same has been marked to the Appellant, wherein the Commission has been apprised as under:
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the Respondent has submitted that the concerned RTI file is not traceable in the office due to some unknown reason and accordingly the Commission deems it fit to direct the concerned CPIO, to submit an appropriate affidavit, on non-judicial stamp paper deposing the above factum. The said affidavit should be submitted to the Commission with its copy duly endorsed to the Appellant, within 21 days from the date of receipt of this order Page 3 of 5 CIC/EPFOG/A/2021/122078 Be that as it may, the Commission admonishes the concerned CPIO for poor dak management of the records and cautions to remain careful in future while dealing with the matters related to the RTI Act and as agreed by the Respondent during the hearing, the Commission deems it fit to direct the present CPIO to provide a fresh and categorical reply qua the instant RTI Application, to the Appellant, with a copy marked to the Commission, within 7 days from the date of receipt of this order. The present CPIO is further directed that while complying with the directions of the Commission, all the personal information/identifying particulars of any third parties should be adequately redacted/blackened out. The Commission further directs the present CPIO that no information shall be disclosed to the Appellant which is exempted from disclosure under the provisions of Section 8 and 9 of the RTI Act. With the above observations, the instant Second Appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove (अिमतापांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 19.01.2023 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 4 of 5 CIC/EPFOG/A/2021/122078 Addresses of the parties:
1. The First Appellate Authority (FAA) Employees Provident Fund Organisation, Regional Office, Bhavishya Nidhi Bhawan, Sector 15A, Behind Fire Station, Faridabad -121007
2. The Central Public Information Officer (CPIO), Employees Provident Fund Organisation, Regional Office, Bhavishya Nidhi Bhawan, Sector 15A, Behind Fire Station, Faridabad -121007
3. Mr. Ashutosh Kumar Anand Page 5 of 5