Central Information Commission
K Surendranath Nair vs Employees Provident Fund Organisation on 13 November, 2018
CENTRAL INFORMATION COMMISSION
(Room No.313, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi-110067)
Before Prof. M. Sridhar Acharyulu (Madabhushi Sridhar), CIC
Second Appeal No.: CIC/EPFOG/A/2018/144957
Shri K Surendranath Nair Appellant
Versus
CPIO,EPFO, Kerala Respondent
Order Sheet: RTI filed on 18.04.2018, CPIO replied on 14.05.2018, FAO on 21.06.2018, Second
appeal filed on 18.07.2018, Hearing on 28.08.2018;
Proceedings on 28.08.2018: Appellantabsent, Public Authority represented by CPIO. Mr.M. Ravi.
Directions and show cause issued.
Proceedings on 09.11.2018: Appellant present from NIC Alaphuzha, Public Authority represented
by CPIO Mr. M. Ravi, Regional Provident Fund Commissioner - II from NIC Kollam;
Date of Decision - 13.11.2018: Disposed of with directions.
ORDER
FACTS:
1. The appellant sought information about status of settlement of EPF dues dated 10.10.1997 of Ac/ no. KR/15 for the period August 1997 to December 1998, certified copy of the order waiving penalty and interest on pending dues to A/c from the Aluminum Industries Ltd. Kundara, Kollam for the period November 1996 to December 1998, whether the dues for the period are fully paid, if not, the details for each period and details of remittance towards dues for each period. The CPIO informed the appellant about non-availability of the records and stated that the settlement of EPF dues of the exempted establishment is being done by the Trust, therefore, information cannot be furnished. The Appellate Authority stated that the CPIO has provided the relevant page sought in point no. 2 and offered inspection to the appellant on 27.06.2018 at 11:00 a.m. CIC/EPFOG/A/2018/144957 Page 1
2. The Commission's order dated 29.08.2018:
2. Mr. M. Ravi, officer representing the Public Authority submitted that the appellant sought records of 1997-98 and during that period the EPFO had its office at Trivandrum. The office at Kollam was established in 2006 and the documents available with the offices were retrieved and provided to the appellant.
3. The Public Authority has provided incomplete and unsatisfactory response to the appellant. The response given by the then ACPIO, Mr. Satishkumat B.T. does not deal with the status of settlement of appellant's Provident Fund dues, if any. Ms. RenuRamchandran, CPIO as on 18.04.2018 has not taken any action to the complaint raised in appellant's RTI application. The officer has simply taken the premise of the case and related documents to be too old and there has been no attempt to communicate with the Trivandrum Office to collect information about the appellant's pending Provident Fund dues.
4. In view of the above, the Commission directs the CPIO to provide point-wise information along with corresponding documents, extract of the weeding out register in case of removal of documents as per the weeding out policy, within 15 days from this date. The CPIO is also directed to provide latest status report for settlement of appellant's Provident Fund dues and inform him the time within which pending dues shall be settled.
5. The Commission directs Ms. RenuRamchandra, CPIO, as on date of filing RTI and Mr. Satishkumar B.T., considering him as deemed PIO, to show-cause why maximum penalty should not be imposed upon each of them for supplying incomplete information to the appellant.
Decision :
3. Shri M. Ravi, CPIO/RPFC-II, Regional Office, Kollam in his written submissions dated 02.11.2018, explained as under:
"I, M. Ravi, son of late G.Marappa, aged 57 years, Regional Provident Fund Commissioner-II and Central Public Information Officer, Employees' Provident Fund Organisation, Regional Office, Kollam, do hereby solemnly affirm and state as follows:
I have assumed the charge of the Regional Provident Commissioner-II at Employees' Provident Organization, Regional Office, Kollam on 01.06.2018 on transfer from Karnataka Region and took over the charge of CPIO on 04.06.2018.
I am conversant with the facts of the case. I am duly authorized to swear this submission in the capacity of Central Public Information Officer, Employees' Provident Fund Organization, Regional Office, Kollam.
Facts of the case:
Shri K. Surendranath Nair, Anjali KizhakkeMadaparambil, Nannad, PO Thiruvanvandoor, Alappuzha 689 106, Kerala State, who was an ex-employee of Aluminium Industries Limited, Kundara, Kollam, has filed an application under the RTI Act, 2005 to the CPIO, EPF organization, Regional Office, Kollam vide his CIC/EPFOG/A/2018/144957 Page 2 application dated 18.04.2018, seeking certain information/documents pertaining to The Aluminium Industries Limited, Kundara, Kollam for the period from November 1996 to December 1998.
In response to his application, the Central Assistant Public Information Officer/Assistant Provident Fund Commissioner & Officer-in-charge of this office has issued a reply letter No. KR/KLM/RTI-16/2018-19/17 dated 14.05.2018, on the basis of the available information/documents available in this office.
Not satisfied with the documents/information provided by this office, Shri K.Surendranath Nair, the Appellant, had filed an appeal before the First Appellate Authority vide his application dated 23.05.2018. The First Appellate Authority has forwarded the appeal application vide her letter No.ZO/KR/T-6/RTI/Appeal- KLM/2018-19/228 dated 08.06.2018 requesting this office to offer the comments on the appeal and forward the same to Zonal office, Trivandrum, within 7 days for disposal of RTI appeal. The First Appellate Authority further asked this office to inform as to whether it is feasible to allow the Appellant to be present in the office any date to verify the available records and take extracts of what he requires.
In response to the First Appellate Authority's letter dated 08.06.2018, this office had forwarded the comments on the appeal application filed by the Appellant and also informed the First Appellate Authority that the Appellant may be allowed to visit this office on 27.06.2018 at 11.00 a.m. to verify the records, as required vide his application dated 18.04.2018.
The First Appellate Authority disposed off the appeal and the decision has been communicated to the Appellant vide proceedings No.KR/ZO/T-6/RTI/Appeal- KLM/2018-19/237 dated 21.06.2018, wherein he was informed that he was allowed to visit the Regional Office, Kollam at 11.00 a.m. on 27.06.2018 to verify the available records to his satisfaction as provided for in Section 2(j)(i) & (ii) of the RTI Act, 2005, and the CPIO, Kollam was directed to make necessary arrangements for the verification of records by the Appellant.
But the Appellant not at all availed the opportunity provided to him to verify the records. This was communicated to the First Appellate Authority vide this office letter No.KR/KLM/RTI-16/Appeal/2018-19 dated 28.06.2018.
Not satisfied, with the reply and actions on the part of the First Appellate Authority, Shri K. Surendranath Nair, the Appellant, has filed 2nd appeal before the Hon'ble Central Information Commission.
The Hon'ble Central Information Commission has served notice vide File No. CIC/EPFOG/A/2018/144957 dated 03.08.2018 fixing an hearing before the Hon'ble Information Commissioner Shri Madabhushnam Sridhar Acharyulu at 10.30 a.m. on 28.08.2018 and also directed to submit written submission, if any, to the Commission at least 7 days before the date of hearing and a copy of the same shall be served on the opposite party.
CIC/EPFOG/A/2018/144957 Page 3 As directed, the present CPIO/Respondent has filed a submission dated 09.08.2018 before the Central Information Commission vide this office letter No.KR/KLM/RTI- 16/2018-19/Appeal/2018/61 dated 10.08.2018 by speed post and also to Commission's link http://dsscic.nic.in/online-link-paper-compliance/add and a copy of the same was forwarded to the opposite party Shri K. Surendranath Nair to his residential address through speed post.
On 28.08.2018 at 10.30 a.m., as directed by the Hon'ble CIC the undersigned had appeared for hearing at NIC Studio, NIC District Centre, Kollam and submitted the facts of the case before the Hon'ble Information Commissioner. The Hon'ble Central Information Commissioner, orally, directed to supply all the records required by Shri K. Surendranath Nair, vide his application dated 18.04.2018 within 21 days.
In the meantime, order in Second Appeal No.CIC/EPFOG/A/2018/144957 was received from the Hon'ble CIC on 07.09.2018 directing to provide point-wise information alongwith corresponding documents, extract of the weeding out register in case of removal of documents as per the weeding out policy, within 15 days from the order of Hon'ble Central Information Commission.
As such this office has provided the information sought for by the Opposite Party, Shri K.Surendranath Nair, through speed post (EL088042855 IN) vide this office letter No.KR/KLM/RTI-16/APPEAL/2018-19/456 dated 11/12.09.2018, through speed post. However, as per the order dated 29.08.2018 of the Hon'ble Central Information Commission all the documents obtained from the employer as well as the Enforcement Officer is once again being forwarded to the appellant, Shri K.Surendranath Nair.
It is also to submit before the Hon'ble Central Information Commission that the Appellant was not an EPF member in the establishment M/s. Aluminium Industries Limited, Kundara, Kollam, bearing EPF Code No.KR/15, but he was Executive Director of the establishment. However, it is confirmed vide letter dated 11.09.2018 of M/s.Aluminium Industries Limited, Mannar that he was an EPF member, bearing EPF Account No. KR/KC/2726/22 under the EPF Trust of M/s. Aluminium Industries Limited, Switchgear Division, Kuttamperoor.P.O., Mannar, Alappuzha District, Kerala State, PIN 689 623 and his PF account was maintained at EPF Trust, Mannar. His PF dues were settled on 7th June 2007 for an amount of Rs.3,91,276/-. The establishment M/s. Aluminium Industries Limited, Mannar, Alappuzha District, is under the jurisdictional area of EPF Organization, Regional Office, Kochi, Kerala.
In this connection, it may kindly be noted that in our submission dated 12th September 2018 submitted before the Hon'ble CIC, it was clearly submitted that during the period under question, Shri Satish Kumar.B.T., CAPIO & Assistant Provident Fund Commissioner, Regional Office, Kollam was also acting as CPIO as during the particular period only one officer was available in this office. Further Smt.Renu Ramachandran, Regional Provident Fund Commissioner-I, Zonal Office, Kerala & Lakshadweep, Thiruvananthapuram, was given the charge of First Appellate Authority as no Regional Provident Fund Commissioner-I was available in Regional Office, Kollam. But while issuing the order No.CIC/EPFOG/A/2018/144952 dated 29.08.2018 the Hon'ble Central Information Commissioner has stated that "the CIC/EPFOG/A/2018/144957 Page 4 commissioner directs Ms. Renu Ramachandra, CPIO, as on date of filing RTI", which is not correct and hence it is requested to kindly modify the order to the extent that "Ms.Renu Ramachandran, Regional Provident Fund Commissioner-I, First Appellate Authority".
From the above, it is clear that, the Appellant instead of availing the opportunity provided to him to verify the records by the office, has filed the appeal before the Hon'ble Central Information Commission, New Delhi, is not at all co-operative in solving the issue and getting the available documents and he is trying to prolong the issue with vested interests.
Further it is submitted that this office has provided the information/document available in this office and not suppressed any facts or denied any documents to the Appellant. No intentional or purposeful suppression or denial of documents/information from the part of this office is happened and this office has made every efforts to produce the documents/information required by the Appellant and extended all co-operation to the Appellant as per the directions of the Hon'ble Central Information Commission and also considering the very purpose behind the enactment of such a law by the Government of India.
In view of the above, the appeal filed by the appellant is devoid of any merit, it is humbly prayed that the Hon'ble Central Information Commission may be pleased to set aside and close the complaint. It is humbly submitted that taking into consideration of the above points, the action proposed may kindly be dropped.
All the facts stated above are true and correct to the best of my knowledge, information and belief."
4. The Commission upon perusal of records finds that sufficient information is provided and there is no reason for further intervention. However, the Commission advises the appellant to inspect the documents and accordingly directs the respondent authority to facilitate inspection of documents and provide certified copies of selected documents, free of cost, within 7 days from the date of receipt of this Order. Disposed of.
SD/-
(M.Sridhar Acharyulu)
Central Information Commissioner
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