Central Information Commission
V Hari Prasad vs Employees Provident Fund Organisation on 14 October, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/EPFOG/C/2023/648224.
Shri V HARI PRASAD. ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Employees Provident Fund Organisation.
Date of Hearing : 10.10.2024
Date of Decision : 10.10.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 28.06.2023
PIO replied on : 28.07.2023
First Appeal filed on : NA
First Appellate Order on : NA
2 Appeal/complaint received on
nd : 12.10.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 28.06.2023 seeking information on following points:-
") My actual Wage details from 01/11/1995 to 31/08/2018, month wise or as available in records/ system data of EPFO 2) Status of my above mentioned joint option application after approval by employer on 07/06/2023 (as per the online status) viz., found eligible /or pending with FO or Dealing Assistant or SS or AO or APFC/RPFC. This is required to know the correct status as 20 days' timeline for scrutiny is over. Also, earlier even when my joint option did not land on employer portal, the online status was mentioned as pending with employer. 3) After approval of joint option by employer, will the scanned copies of Salary slips (issued by employer) submitted with joint option be accepted as authenticated by the employer? 4) Based on my wage details available with EPFO, what will be the exact amount of contribution dues into Pension Fund in figures (along with the interest charged on dues) as on 31/07/2023? Online calculator is known to me, but I want the precise amount of dues based on the actual (higher) wage details available with EPFO. 5) Based on the actual (higher) wage details available with EPFO, what will be my pensionable salary and superannuation pension amount in figures as per EPFO circular No. Pension/SC/HigherPension/2022/1357 dated 01.06.2023? Formulae mentioned in the circular/ EPS 1995 are known, but I want the precise Page 1 of 3 amount in figures. 6) When will be the pension calculator will be available online for computation of pension on actual (higher) wages in the EPFO portal? 7) Number of joint options under para 11(3) and 11(4) of EPS-1995 Scheme received in pursuance to Supreme Court judgement dated 04.11.2022 for members in service prior to 01.09.2014 and continued to be in service on or after 01.09.2014 and number of such joint options approved by EPFO till date 8) Number of demand notices sent informing the members for deposit/transfer of due contribution with interest after the approval of joint options as above 9) Number of granted cases of pension on actual (higher) wages till date in accordance with the judgement of Supreme Court dated 04.11.2022 for members in service prior to 01.09.2014 and continued to be in service on or after 01.09.2014 but could not exercise joint option under erstwhile proviso to para 13(3) of EPS-1995"
The CPIO, Assistant PF Commissioner vide letter dated 28.07.2023 replied as under:-
"1. As per available records actual wage details are available from Dec 2016 and are annexed herewith.
2. Referred back to employer.
3. No information sought.
4. Application is under process.
5. Application is under scrutiny.
6. No information available 7-9. No such data available with EPFO."
Aggrieved by non-receipt of any reply from the CPIO within the time limit Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 16. The FAA vide order dated 16 stated as under:-
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Absent Respondent: Shri Purshottam , APFC& CPIO Decision:
Upon examining the facts of the case, it is noted that queries raised by the Complainant had been appropriately responded by the Respondent on the basis of available records, in terms of the RTI Act.
Since the Complainant has chosen to file this Complaint under Section 18 of the RTI Act, the only question which requires adjudication is whether there was any willful concealment of information. From the records of the case at hand and averments of the Respondent, it appears that the Respondent has sent information available on records thereby negating any attempt at deliberate suppression of information.
It is worthwhile to refer to the judgment of the Hon'ble Supreme Court of India in the case of Chief Information Commissioner and Another v. State of Page 2 of 3 Manipur and Anr. in Civil Appeal Nos. 10787-10788 of 2011 dated 12.12.2011, relevant extract whereof is as under:
"...30. ...The only order which can be passed by the Central Information Commission or the State Information Commission, as the case may be, under Section 18 is an order of penalty provided under Section 20. However, before such order is passed the Commissioner must be satisfied that the conduct of the Information Officer was not bona fide."
31. We uphold the said contention and do not find any error in the impugned judgment of the High court whereby it has been held that the Commissioner while entertaining a complaint under Section 18 of the said Act has no jurisdiction to pass an order providing for access to the information."
In the given circumstances, the Commission finds that in the absence of any wilful or malafide denial or concealment of information by the Respondent, no further action under Section 18 of the RTI Act is warranted in this case.
The case is disposed off as such.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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