Central Information Commission
Tarun Saraswat vs Employees Provident Fund Organisation on 27 October, 2022
CIC/EPFOG/A/2021/643016
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/EPFOG/A/2021/643016
In the matter of:
Tarun Saraswat ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Employees Provident Fund
Organisation, Regional Office,
Agra, 55/2, Sanjay Palace, Agra,
Uttar Pradesh-282 002
Relevant dates emerging from the appeal:
RTI Application filed on : 01.08.2021
CPIO replied on : 03.08.2021
First Appeal filed on : 08.08.2021
First Appellate Authority order : 31.08.2021
Second Appeal received on : 15.09.2021
Date of Hearing : 21.10.2022
The following were present:
Appellant: Absent (despite being served the hearing notice)
Respondent: Absent (despite being served the hearing notice)
Page 1 of 6
CIC/EPFOG/A/2021/643016
ORDER
Information sought:
The Appellant filed an online RTI Application dated 01.08.2021 seeking information as under:
1) "Kindly share the UAN details and UAN Card Copy of the person with following Details Name Dimpi Saraswat Gender Female Date of Birth- 20/08/1991 Father Name B S SARASWAT EPFO Office: Sub Regional Office AGRA Parent EPFO Office for Sub Regional Office AGRA
2) Request you to please share the Service History of the person with above mentioned details."
Shri Yagya Narayan Chaubey, CPIO, Employees Provident Fund Organisation, Agra, Uttar Pradesh vide letter dated 03.08.2021, informed to the Appellant as under:
Being dissatisfied, the Appellant filed a First Appeal dated 08.08.2021. The First Appellate Authority vide order dated 31.08.2021, informed as under:Page 2 of 6
CIC/EPFOG/A/2021/643016 Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. Appellant requested the Commission to direct the CPIO to provide complete information sought for.
Submissions made by Appellant and Respondent during Hearing:
The Appellant did not participate in the hearing despite being served the hearing notice.
The Respondent did not participate in the hearing despite being served the hearing notice.
A written submission has been received by the Commission from Shri Sandeep Kumar, CPIO, RO-Agra, vide letter dated 13.10.2022, wherein the Commission has been apprised as under:Page 3 of 6
CIC/EPFOG/A/2021/643016 Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that though the Appellant in the instant RTI Application is seeking third party personal information and the present CPIO vide letter dated 13.10.2022 has rightly invoked the provisions of Section 8 (1) (j) of the RTI Act but the Respondent vide letter dated 31.08.2021, has denied the information to the Appellant being third party information under Section 11 of the RTI Act, which is an incorrect Section/Clause to deny the information. The Commission counsels the Respondent that Section 11 of the RTI Act is a procedure followed to seek consent/dissent from the concerned third party and that the denial should be made only according to the provisions of Section 8 and 9 of the RTI Act.Page 4 of 6
CIC/EPFOG/A/2021/643016 The Commission cautions the Respondent to be careful in future, while handling matters pertaining to the RTI Act. Be that as it may, the Commission further observes that the Respondent has not appeared before the Commission. In fact, the Respondent has not even bothered to intimate the Commission regarding the reason for his/her non- appearance and the said conduct is highly admonished. In view of the above, the Commission takes grave exception to the absence of the Respondent. Therefore, the Commission deems it fit to direct the Respondent, to furnish a written explanation regarding his/her non-appearance in the present hearing, within 7 days from the date of receipt of this order. With the above observations, the instant Second Appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 26.10.2022 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 5 of 6 CIC/EPFOG/A/2021/643016 Addresses of the parties:
1. The First Appellate Authority (FAA) Employees Provident Fund Organisation, Regional Office, Agra, 55/2, Sanjay Palace, Agra, Uttar Pradesh-282002
2. The Central Public Information Officer Employees Provident Fund Organisation, Regional Office, Agra, 55/2, Sanjay Palace, Agra, Uttar Pradesh-282002
3. Mr. Tarun Saraswat Page 6 of 6