Central Information Commission
Dhanpat Prasad 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/2023/115957
Shri Dhanpat Prasad ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Employees Provident Fund Organisation ...प्रनतवािीगण /Respondent
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 : 10.12.2022
PIO replied on : - -
First Appeal filed on : 02.01.2023
First Appellate Order on : 25.01.2023
2 Appeal/complaint received on
nd : 01.04.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 10.12.2022 seeking information about non receipt of his PF dues. The Appellant had been remitted only Rs. 143270/- while it was his contention that Rs. 280098/- had accumulated in his PF account. Hence, he wanted to know the cause of remitting deficit amount, rate of interest and amount of interest which had accumulated with the principal amount of the fund etc. The CPIO responded vide reply dated 28.12.2022 informing the Appellant that an amount of Rs. 143270/- remained as balance in his PF account, which had been paid to him. It included the past accumulation added in April 2020. Since the Appellant had retired from service on 01.09.2013, as per rules, the account was inoperative and hence no interest had been deposited.
Dissatisfied with the incomplete response received from the CPIO, the Appellant filed a First Appeal dated 02.01.2023. The FAA vide order dated 25.01.2023 stated as under:-
"On perusal of the facts, it is observed that applicant/appellant Shri Dhanpat (PF A/C No. UP/ALD/3761/1218) sought some information related to his provident fund vide his online RTI application dated 10.12.2022. CPIO, EPFO, RO, Allahabad Page 1 provided/uploaded the information/reply on 28.12.2022, within statutory time limit.
In this connection, it is stated that CPIO is not supposed to create information or to interpret information or to solve the problems raised by the applicant or to furnish reply to hypothetical question or to furnish clarification to queries Only such information can be provided under the RTI Act, 2005 which already exists with the public Authority."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission dated 25.04.2024 has been received from the CPIO wherein apart from reiterating the above facts, the Respondent has added as follows:
Reply: The EPF Trust of M/s Triveni Structural Limited Naini, Allahabad was an exempted establishment bearing PF Code No UP/ALD/3761 and after cancellation of the exemption in the year 2016, the Chairman of the trust had submitted details of P.F balances in Excel sheet of all the concerned employees of the establishment in the year 2019 wherein Rs. 2,80,098/- was mentioned against the name of RTI applicant. On receipt of the RTI application from the concerned employee namely Shri Dhanpat Prasad bearing PF No UP/ALD/3761/1218, this office has informed about the balance of Rs.2,80,098/ in P.F account of Shri Dhanpat Prasad vide this office First Appeal Reply letter No 121/FA/22/500/RTI/2019-20 dated 04.03.2020.
Further, the Official Liquidator has provided the Past Accumulation statement in the year 2019 in respect of all the eligible members of the establishment. On preparation of Audit sheet, this office has scrutinized the concerned member ledger balance i.e Loan amount, VPF, Recovery etc. and after adjusting the same net payable amount of Rs. 1,43,270/- was credited to RTI applicant saving account on 02.12.2022. Now no amount is available in the member ledger/Audit sheet of the RTI applicant (Copy of member ledger is enclosed for your kind perusal).
Reply: After reconciliation of Past Accumulation statement of the Trust, net payable amount Rs.1,43,270/- was credited to the saving account on
02.12.2022. Being an inoperative Account, no interest could be credited to the member's PF account.
A copy of the aforesaid submission has been sent by post and by email to the Appellant.
Hearing was scheduled after giving prior notice to both the parties.
Appellant: Present with son through video conference Respondent: Shri B R Patel - Accounts Officer was present during hearing through video conference.
The Appellant was not satisfied with the response and questioned the fact that the Respondent had paid lesser amount to him than what had actually accumulated. Respondent present during hearing stated that information available on record with the public authority had been duly furnished to the Appellant, in terms of the Page 2 provisions of the RTI Act. The Respondent referred to the written submission dated 25.04.2024 answering the Appellant's allegations about lesser amount having been credited to him.
Decision:
Upon perusal of records of the case, it is noted that the Respondent has provided appropriate response to the Appellant, which is in consonance with the provisions of the RTI Act. The written submission dated 25.04.2024 filed by the Respondent before the Commission has detailed, comprehensive and self explanatory information. Hence, the Commission hereby directs the PIO to send another copy of the written submission dated 25.04.2024 with all the annexures, to the Appellant, within two weeks of receipt of this order. The Respondent shall also submit a compliance report in this regard before the Commission, within one week thereafter. Since dispute resolution or grievance redressal do not fall within the ambit of the RTI Act, no further intervention is warranted in this case.
The appeal is disposed off on the above terms.
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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