Central Information Commission
Mr.C Chandran vs Employees Provident Fund Organisation on 5 October, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001035/9634
Complaint No. CIC/SG/C/2010/001035
Complainant : Mr. C. Chandran
Mariamman Koil Street
(Near Water Tank), Vallam PO
&Village, Chenkalpattu(tk)
Kancheepuram (dt) 600130
Respondent :1) CPIO & Regional PF Commissioner SRO
EPFO, Sub Regional Office, East Delhi
F 117, 118, Main Bazaar
Laxmi Nagar, New Delhi-110092
2) CPIO & Regional PF Commissioner I CSD
EPFO, Ministry of Labour & Employment
Govt. of India. Head Office
Bhavishya Nidhi Bhawan, 14
Bhikaji Cama Place, Delhi-66
3) CPIO & Regional PF Commissioner
Delhi North, Bhavishya Nidhi Bhawan,
28, Community Centre, Wazirpur Industrial
Area, Delhi-110052
4) CPIO & Regional PF Commissioner II (DS)
EPFO, Ministry of Labour, Govt. of India
Delhi South, Bhavishya Nidhi Bhawan
6th-9th Floor, Wazirpur Industrial Area
Delhi-110052
Events Chronologically:
• RTI Application - 11/01/2010
• No information provided by the PIO
• Complaint - 17/06/2010
• Notice - 10/08/2010
- Information to be provided
to the Complainant before - 04/09/2010
- Copy of information &
PIO's explanation to be sent
to the Commission before - 14/09/2010
• Response of the CPIO & RPFC II DS
(Delhi South) to the Notice - 03/09/2010
• Response of the CPIO & RPFC I CSD
(HQ) to the Notice - 06/09/2010
Facts arising from the Complaint:
Mr. C. Chandran had filed a RTI application with the EPFO, Head Office, Bhavishya Nidhi Bhawan, 14, Bhikaji Cama Place, Delhi-66 on 11/01/2010. However on not having received the information within the mandated time, the Complainant filed a complaint under Section 18 of the RTI Act with the Commission. On this basis, the Commission issued a notice to the PIO, EPFO, Head Office, Bhavishya Nidhi Bhawan, 14, Bhikaji Cama Place, on 10/08/2010 with a direction to provide the information to the Complainant and further sought an explanation for not furnishing the information within the mandated time.
The Commission has received a letter dated 03/09/2010 from the CPIO & RPFC II (DS), EPFO, Delhi South, Wazirpur Industrial Area, wherein it was stated that the said RTI Application which was addressed to the Head Office, EPFO was forwarded to RPFC North on 02/03/2010, which was received by RPFC South on 23/03/2010. It was further stated that as the subject matter of the RTI Application pertained to RPFC SRO, Laxmi Nagar, the same was forwarded to RPFC SRO, Laxmi Nagar, on 06/04/2010 and information sought was directly provided to the Complainant by their office on 08/04/2010. The Commission also received a letter dated 06/09/2010 from the CPIO & RPFC I CSD, EPFO, Head Office, wherein it was stated that the RTI Application was taken up for discussion with the RPFC, DL(S) and a detailed report dated 03/09/2010 was received in this regard and the same was being forwarded to the Complainant and the Commission.
On perusal of documents, the Commission observes that the information provided to the Complainant vide letter dated 08/04/2010 is ambiguous and not in tandem with the said RTI Application. The reply provided appears to be inappropriate and no specific query has been clearly addressed. The CPIO & RPFC SRO, Laxmi Nagar, should have given a point-wise reply to the queries as sought in the RTI Application dated 11/01/2010. The Commission further notes that the Respondent No. 2, 3 & 4 have failed to transfer the said RTI Application to the concerned authority within the time stipulated under the RTI Act.
Decision:
The complaint is allowed.
In view of the aforesaid the CPIO & RPFC SRO, EPFO, Sub Regional Office, East Delhi, Laxmi Nagar, New Delhi, is hereby directed to provide complete and correct information to the Complainant with regard to the RTI Application dated 11/01/2010 to the Complainant before 26/10/2010. Proof of dispatch of information should be sent to the Commission before 01/11/2010. There has been a failure on the part of the CPIO & RPFC SRO, Laxmi Nagar, to comply with the provisions of the RTI Act by not providing complete information and this amounts to willful disobedience of the Commission's direction and also raises a reasonable doubt that the denial of information may be malafide.
It is apparent that the Respondent Nos. 2, 3 & 4 are guilty of not transferring the said RTI Application within 5 days from its receipt as per section 6(3) of the RTI Act, 2005. It appears that the all the CPIO's actions attract the penal provisions and disciplinary action under Section 20 (1) and (2) of the RTI Act.
Therefore, the CPIO & RPFC SRO, Laxmi Nagar, the CPIO & RPFC I CSD, Head Office, Bhikaji Cama Place, the CPIO & RPFC, Delhi North, Wazirpur Industrial Area, and the CPIO & RPFC II (DS), Delhi South, Wazirpur Industrial Area, are hereby directed to present themselves before the Commission on 29/11/2010 at 2:30 pm along with their written submissions to show cause why penalty should not be imposed and disciplinary action be recommended against them under Section 20 (1) and (2) of the RTI Act. Further, the CPIOs may serve this notice to such person(s) who are responsible for this delay in providing the information, and direct them to be present before the Commission on the aforesaid scheduled date and time. The CPIOs should also bring proof of seeking assistance from other person(s), if any. Further, the CPIOs are directed to bring along a copy of all the transfers made and received by their respective offices and the replies that were provided to the Complainant by them w.r.t. the said RTI Application along with its dispatch receipts.
Notice of this decision be given free of cost to the parties. Any information in compliance with this order will be provided free of cost as per section 7(6) of RTI, Act, 2005.
Shailesh Gandhi Information Commissioner 5th October, 2010 (In any correspondence on this decision, mention the complete decision number.)(JA)