Central Information Commission
Nayamojiyan vs Ut Of Pondicherry on 17 September, 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/2017/604674/SD
Nayamojiyan ....अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Anglo - French Textiles,
Puducherry Textile Corporation Ltd,
Puducherry - 605004. ... ितवादीगण /Respondents
RTI application filed on : 27/05/2017
CPIO replied on : No reply
First appeal filed on : 10/07/2017
First Appellate Authority order : No order
Second Appeal dated : 31/08/2017
Date of Hearing : 12/09/2018
Date of Decision : 12/09/2018
Information sought:
The Appellant sought information related to his PF remittances made by his employer, Anglo - French Textiles, Puducherry.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present.1
Respondent: C.V. Ramesh, Company Secretary Incharge & PIO, Anglo - French Textiles, Puducherry Textile Corporation Ltd, Puducherry present through VC.
PIO tendered his unconditional regret for not being able to provide any reply on the RTI Application as he submitted that furnishing of this information required deducing data from records of over 20 years as pension remittances have not been compiled and it is only recently that all these records have been digitized. CPIO further submitted that he is now in a position to provide the information to the Appellant as well as publish the pension remittances of all employees in public domain.
Decision 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.
A compliance report on both the aforesaid counts shall be duly sent to the Commission. The appeal is disposed of accordingly.
Divya Prakash Sinha ( द काश िस हा )
Information Commissioner ( सूचना आयु )
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File No. : CIC/UTPON/A/2017/604674/SD
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
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