Central Information Commission
Mayank Vasles vs Employees Provident Fund Organisation on 29 April, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/EPFOG/A/2023/617519
Shri Mayank Vasles ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Employees Provident Fund Organization, ...प्रनतवािीगण /Respondent
Bengaluru
Date of Hearing : 26.04.2024
Date of Decision : 26.04.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 25.01.2023
PIO replied on : 22.02.2023
First Appeal filed on : 18.03.2023
First Appellate Order on : 31.03.2023
2 Appeal/complaint received on
nd : Nil
Information soughtand background of the case:
The Appellant filed an RTI application dated 25.01.2023 seeking information on following points:-
"My UAN is 100051199870. Please answer the following questions associated to my PF account (Member ID: PYBOM00247810000017497):
Question 1: What is the stepwise progress in my PF records correction as per the clarification letter and revised form 3A submitted to the RPFC at RO Bommasandra II (Koramangala, Bengaluru) on 21.01.2022? The details were submitted through my employer showcasing correct Employer PF, EPS, Employee PF and Employee contributions.
Question 2: This application of PF records correction is pending since last 1 year with RPFC Mr. V V B Singh. I raised a grievance online through epfigms portal. Grievance No: KNBOM/E/2022/38559. The final reply to this grievance was given by RPFC Mr. V V B Singh was: Member is advised to provide acknowledgement copy of representation submitted to this office for taking further needful actions (attached for your reference).
Although acknowledgement copy of both the documents were attached along with the grievance No: KNBOM/E/2022/38559 submitted on epfigms Page 1 of 3 portal, still I went ahead and submitted these documents, twice on 11.01.2023 and again on 17.01.2023 to RPFC Mr. V V B Singh over email at his email id: [email protected] Kindly let me know the reasons why my PF passbook associated with PF account по. РУВОМ00247810000017497 is still not updated with proper Employer PF and EPS contributions.
Question 3: As per the rules and regulations of the EPFO, what is the average time taken by the department on rectifications of records post submission of revised form 3A and a clarification letter by the employer for an individual Member ID?
Question no 4: If my PF passbook associated with PF account по. РУВОМ00247810000017497 has been updated in the meantime, kindly share a copy of the account statement (Fee has been deposited), showcasing correct Employer PF, Employee PF, Employee VPF and EPS amounts. If not yet done, kindly let me know by when (which date) can I expect updated PF and EPS amounts reflecting correctly in my passbook under Member ID: PYBOM00247810000017497 (available to me online through the EPFO website)?"
The Regional PF Commissioner-II & CPIO, RO, Employees Provident Fund Organisation, Bengaluru vide letter dated 22.02.2023 replied as under:-
"Point No. 1. As per this office records it was noticed that, employer has defaulted in payment of EPS share of contributions since the member Date of Joining. Necessary action as per provision of EPF & Mp Act 1952 shall be initiated.
Point No. 2. Since this office has noticed default in contribution of EPS share, a Show Cause Notice Dt:21/02/2023 has been issued and further action is being taken.
Point No. 3. No such provision exists.
Point No. 4. The available member ledger copy annexed."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 18.03.2023. The FAA vide order dated 31.03.2023 stated as under:-
"4.The Appellant in his appeal has stated that CPIO has "Details not provided" for his application dated 25/01/2023. I have gone through the 'application' submitted to the CPIO and noticed that CPIO, Regional Office, Bengaluru (Koramangala) has given a satisfactory reply in accordance with provision of the RTI Act vide letter No.KN/भनिPF/क्षेकाकोRO (KOR)/ आरटीआईRTI/2022- 23/ dated 22/02/2023 as sought by the applicant.Page 2 of 3
5.It is observed that the Appellant had submitted his 'first application' to the CPIO as well as 'Appeal before the First Appellate Authority for providing information about his correction/updation of EPF and EPS contributions. Accordingly, the CPIO vide letter Dt:22/02/2023 informed that a show-cause notice has been sent to the employer for default in payment. Further, a reminder note vide Dt:31/03/2023 also sent to the employer and the reply is awaited."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
A written submission was received from the CPIO and RPFC- II, Bengaluru vide letter dated 19.04.2024 which has been taken on record.
Facts emerging in Course of Hearing:
Appellant: Absent Respondent: Shri Naveen Emmanuel, CPIO and RPFC- II, Bengaluru The Appellant remained absent during the hearing despite prior intimation. A written submission has been received from the Appellant vide letter dated 16.04.2024 wherein he stated that hearing is not required in the matter as his complaint was resolved by EPFO, RPFC- II, RO Bengaluru.
Shri Naveen Emmanuel also stated that the Appellant's grievance has been resolved as his backlog PF contributions were cleared by his previous employer and his PF account was also transferred to the latest member Id.
Decision:
In the light of the facts of the case and the submission made by the Appellant not to pursue the matter any further, the instant Second Appeal stands disposed off as "Withdrawn".
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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