Central Information Commission
D.T.Palaniappan vs Ut Of Pondicherry on 6 November, 2018
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/UTPON/A/2017/608059/SD
D T Palaniappan ....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Anglo French Textiles
Puducherry Textile Corporation Ltd,
Puducherry - 605004. ... ितवादीगण /Respondents
RTI application filed on : 04/05/2017
CPIO replied on : No reply
First appeal filed on : 19/06/2017
First Appellate Authority order : No order
Second Appeal dated : 11/09/2017
Date of Hearing : 05/11/2018
Date of Decision : 05/11/2018
Information sought:
The Appellant sought information related to payment of his provident fund dues for Account no. 11626 up to date.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present and assisted by Nayamojiyan through VC.1
Respondent: C.V. Ramesh, Company Secretary & CPIO, Anglo French Textiles Puducherry, Textile Corporation Ltd, Puducherry present through VC.
Appellant stated that he received the information after Commission passed an order in File No. : CIC/UTPON/A/2017/604674/SD dated 12.09.2018 in the matter of his colleague Nayamojiyan. Appellant and Nayamojiyan have strong reasons to believe that CPIO deliberately delayed the provisions of information as only their PF payment was not made while all other employees were paid.
Commission recalled its order in the matter referred by the Appellant wherein the following was observed:
"Commission expresses severe displeasure over the deemed refusal of the PIO to provide the information to the Appellant. It was incumbent on the PIO to have provided an interim reply to the Appellant intimating the factual position of availability of information. Nonetheless, from the submissions of PIO Commission could not establish any deliberate or malafide intention on the part of the PIO in not having provided a reply on the RTI Application within the stipulated time frame. PIO is hereby cautioned for future while dealing with matters under RTI Act.
PIO is further directed to provide specific and available information on the RTI Application to the Appellant free of cost within 15 days from the date of receipt of this order.
Furthermore, in exercise of powers under Section 19(8)(a)(iii) of the RTI Act, PIO is directed to place this order before their competent authority to ensure that the pension remittances of employees is suo motu published on the website of the public authority within 60 days from the date of receipt of this order and the same be regularly updated."
CPIO was asked to comment on the status of action taken in the aforesaid matter. CPIO submitted that the information is in the stage of compilation and will be uploaded on the website shortly.
CPIO further affirmed that the apprehension of the Appellant and Nayamojiyan is not tenable as no payments were paid to any employee.2
File No : CIC/UTPON/A/2017/608059/SD Decision Commission is not in a position to adjudicate on the disputed contentions regarding administrative action of the public authority with respect to payment of provident fund. No action is warranted in the matter under RTI Act.
The appeal is disposed of accordingly.
Divya Prakash Sinha ( द काश िस हा )
Information Commissioner ( सूचना आयु )
Authenticated true copy
(अ भ मा णत स या पत त)
Haro Prasad Sen
Dy. Registrar
011-26106140 / [email protected]
हरो साद सेन, उप-पंजीयक
दनांक / Date
3