Malvika Chugh Atri vs Employees Provident Fund Organisation on 18 July, 2024

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Central Information Commission

Malvika Chugh Atri vs Employees Provident Fund Organisation on 18 July, 2024

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/A/2023/624025

Shri MALVIKA CHUGH ATRI                                 ... अपीलकताग/Appellant
                               VERSUS/बनाम

PIO,                                                 ...प्रनतवािीगण /Respondent
Employees Provident Fund Organisation

Date of Hearing                     :   15.07.2024
Date of Decision                    :   15.07.2024
Chief Information Commissioner      :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :     24.02.2023
PIO replied on                    :     28.03.2023
First Appeal filed on             :     12.04.2023
First Appellate Order on          :     28.04.2023
2 Appeal/complaint received on
 nd                               :     17.05.2023

Information sought

and background of the case:

The Appellant filed an RTI application dated 24.02.2023 seeking information on following points:-

"I HAD WORKED AS PHYSIOTHERAPIST IN SUNDER LAL JAIN HOSPITAL ASHOK VIHAR NEW DELHI FROM 22.4.2011 ΤΟ 30.09.2012. MY PF ACCOUNT NO. WAS DL/CPM/8XXXX/2XXXX. NOW I AM WORKING WITH M/S SYBEX SUPPORT SERVICES, LAJPAT NAGAR, NEW DELHI PF ACCOUNT NO. DL/2XXXX/6XXXX UAN NO. 101739392 140. MY APPLICATION FORM FOR TRANSFER OF PREVIOUS AMOUNT OF SUNDER LAL JAIN TO PRESENT PF ACOUNT WAS SENT BY SYBEX TO REGIONAL PF OFFICE WAZIR PUR NEW DELHI ON 10.1.2023 BY SPEED POST THIS WAS RECEIVED IN PF OFFICE ON 11.1.2023.

KINDLY ADVISE THE ACTION TAKEN ON MY APPLICATION FORM AND STATUS OF TRANSFER OF PF AMOUNT OF SUNDER LAL JAIN TO PF ACCOUNT OF SYBEX. A COPY OF SALARY SLIP OF SUNDER LAL JAIN, TRANSFER APPLICATION FORM AND SPEED POST TRACKING RECEIPT ARE ENCLOSED."

Page 1 The CPIO, Employees Provident Fund Organisation, Delhi vide letter dated 28.03.2023 replied as under:-

1. "The transfer claim of the member could not be processed as basic details i.e. Father/Husband Name, Date of Birth, Date of joining, Date of leaving, Gender. reason of exit has not been updated.

Now, member is advised to submit joint declaration form and responsibility letter duly attested by employer wherein, it has been clearly mentioned that the employer will be held responsible for any wrong Payment/over Payment in respect of mentioned pf account number. Also attach supporting documents i.e. Copy of Passport//School Certificate/Birth certificate, eligibility register, and employment proof like salary slip, appointment letter, identity card. Copy of joint declaration and circular regarding member profile correction is annexed."

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 12.04.2023. The FAA vide order dated 28.04.2023 stated as under:-

".......... it is ordered that the appeal filed by Sh. Malvika Chug Atri is disposed of as the CPIO has already furnished the requisite information to the appellant..."

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

Appellant: Present in person.

Respondent: Mr. S.K. Antil, APFC and Mr. Rajesh Kumar Singh, Sr. SSA- EPFO, RO-Delhi- participated in the hearing.

The Appellant stated that the relevant information has not been furnished to her till date. She stated that in the instant RTI Application she has sought action taken on her application form and status of transfer of her PF account from Sunder Lal Jain Hospital to M/s Sybex Support Services. She stated that despite various requests her PF amount has not been transferred till date.

The Respondent stated that the relevant information has been duly furnished to the Appellant from their official record. Mr. S.K. Antil further stated that the transfer claim of the Appellant could not be processed as member profile has not been updated by the employer. He averred that the basic details i.e. Father/Husband Name, Date of Birth, Date of joining, Date of leaving, Gender. reason of exit has not been updated.

Page 2 Decision:

Commission, after perusal of case records and submissions made during hearing, observes that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent. The reply is self- explanatory and information as permissible under the provisions of the RTI Act has been duly supplied to the Appellant. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act. For redressal of her grievance the Appellant is advised to approach an appropriate authority through proper channel.

Appeal is disposed of accordingly.

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 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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