Central Information Commission
Mr.H Vasabaraj vs Ministry Of Labour And Employment on 18 November, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001120/10069
Complaint No. CIC/SG/C/2010/001120
Complainant : Mr. H Basavaraj
S/o Sh. S. Basappa
Door No. 2954/4
MCC B-Block, 5th Cross
Davanagere- 577004, Karnataka
Respondent : PIO & Asstt. PF Commissioner
EPFO, Ministry of Labour, Govt. of
India, SRO Bellary, 3rd Floor
SLV Towers, Pavathi Nagar
Bellary- 583103
Events Chronologically:
• RTI Application - 05/07/2010
• No information provided by the PIO
• Complaint - 21/08/2010
• Notice - 22/09/2010
- Information to be provided
to the Complainant before - 15/10/2010
- Copy of information &
PIO's explanation to be sent
to the Commission before - 25/10/2010
• Response of the PIO
to the Notice - 05/10/2010
Facts arising from the Complaint:
Mr. H Basavaraj filed a RTI application with the PIO, EPFO, Bellary, on 05/07/2010 asking for certain information. However on not having received the information within the mandated time, the Complainant filed a complaint under Section 18 of the RTI Act with the Commission. On this basis, the Commission issued a notice to the PIO, EPFO, Bellary, on 22/09/2010 with a direction to provide the information to the Complainant and further sought an explanation for not furnishing the information within the mandated time.
The Commission received a copy of the letter dated 05/10/2010 from the PIO & APFC wherein it was stated that a reply to the said RTI Application was already provided to the Complainant vide letter dated 25/08/2010; further, it was also stated that the same reply was being provided again to the Complainant. On perusal of documents, it is observed that the reply dated 25/08/2010 as claimed to be provided by the APFC to the Complainant along with its dispatch proof has not been sent to the Commission for appropriate disposal of the case.
Further, the Commission also received a copy of the letter dated 13/10/2010 sent by the APFC to the GM, Pragathi Gramina Bank, in this letter it is observed that the APFC requests the GM to provide him with some particulars of information in order to enable their office to provide the appropriate information to the Complainant with regard to the RTI Application dated 05/07/2010. In the light of the above, the Commission is unable to understand whether information was provided to the Complainant or not w.r.t. his RTI Application; and what was the consequence or necessity of the 13/10/2010 letter if the information was already provided to the Complainant vide letter dated 25/08/2010 as claimed by the APFC.
Decision:
The Complaint is allowed.
In view of the aforesaid, the PIO & APFC, Bellary, is hereby directed to provide this Commission with the necessary documents, viz: the copy of the reply dated 25/08/2010 along with its dispatch proofs, for appropriate disposal of the case before 30/11/2010. Further, the PIO is directed to submit a written explanation to show cause as to why penalty should not be imposed and disciplinary action be recommended against him under Section 20 (1) & (2) of the RTI Act before 30/11/2010.
Notice of this decision be given free of cost to the parties. Any information in compliance with this order will be provided free of cost as per section 7(6) of RTI, Act, 2005.
Shailesh Gandhi Information Commissioner 18th November, 2010 (In any correspondence on this decision, mention the complete decision number.)(JA)