Central Information Commission
Brij Mohan vs Employees Provident Fund Organisation on 13 July, 2020
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सुचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मुिनरका, नई द ली - 110067
Munirka, New Delhi-110067
File no.: (As per Annexure)
In the matter of:
Brij Mohan
...Appellant
VS
Central Public Information Officer
Employees Provident Fund Organization (EPFO)
Regional Office, 55/2, Sanjay Place, Agra - 282 002
...Respondent
Date of Hearing: 09/07/2020 Date of Decision: 09/07/2020 File Nos. RTI CPIO First Appeal FAA's Second Appeal application replied on filed on Order on filed on 1.135708 04/12/2018 11/12/2018 10/01/2019 30/04/2019 24/07/2019 2.135707 04/12/2018 11/12/2018 10/01/2019 30/04/2019 24/07/2019 3.135704 04/12/2018 11/12/2018 10/01/2019 30/04/2019 24/07/2019 4.135705 04/12/2018 11/12/2018 10/01/2019 30/04/2019 24/07/2019 5.135702 04/12/2018 11/12/2018 10/01/2019 30/04/2019 24/07/2019 6.135701 04/12/2018 11/12/2018 10/01/2019 30/04/2019 24/07/2019 7.135700 04/12/2018 11/12/2018 10/01/2019 30/04/2019 24/07/2019 8.135699 04/12/2018 11/12/2018 10/01/2019 30/04/2019 24/07/2019 9.135697 04/12/2018 11/12/2018 10/01/2019 30/04/2019 24/07/2019 10.135695 04/12/2018 11/12/2018 10/01/2019 30/04/2019 24/07/2019 Note: All the above mentioned appeals are related to similar RTI applications, where identical information was sought by the same appellant. Therefore for 1 the sake of brevity, the appeals are clubbed together and were heard in a similar fashion.
The following were present:
Appellant: Present over phone Respondent: Shri Y.N Chaubey, APFC and CPIO, present over phone Information Sought:
In file No. CIC/EPFOG/A/2019/135708 The appellant has sought the following information:
1. Date, month & year on which Sh. Munne Khan S/o Sh. Maksood Khan (U.P. Code No. 25613/687), Delhi Public School, Agra Road, Aligarh, became a member of EPFO, Agra.
In file No. CIC/EPFOG/A/2019/135707 The appellant has sought the following information:
1. Date, month & year on which Sh. Uresh Kumar (U.P. Code No. 25649/05), S/o Sh. Ramesh Chandra, M/s Mishra Travels and Service, Agra Road, Aligarh, became a member of EPFO, Agra.
2. Date, month & year on which Sh. Uresh Kumar (U.P. Code No. 25613/687), S/o Sh. Ramesh Chandra, Delhi Public School, Agra Road, Aligarh, became a member of EPFO, Agra.
In file No. CIC/EPFOG/A/2019/135704 The appellant has sought the following information:
1. Date, month & year on which Sh. Devender Singh (U.P. Code No. 25613/349), S/o Charan Singh, Delhi Public School, Agra Road, Aligarh, became a member of EPFO, Agra.
In file No. CIC/EPFOG/A/2019/135705 The appellant has sought the following information:
1. Date, month & year on which Sh. Pawan Saini, S/o Radhey Shyam Saini (U.P. Code No. 25613/458), Delhi Public School, Agra Road, Aligarh, became a member of EPFO, Agra.2
In file No. CIC/EPFOG/A/2019/135702 The appellant has sought the following information:
1. Date, month & year on which Sh. Jitender Kumar Sharma (U.P. Code No. 25649/35), S/o Sh. Harnarayan, M/s Mishra Travels and Service, Agra Road, Aligarh, became a member of EPFO, Agra.
2. Date, month & year on which Sh. Jitender Kumar Sharma (U.P. Code No. 25613/678), S/o Sh. Harnarayan, Delhi Public School, Agra Road, Aligarh, became a member of EPFO, Agra In file No. CIC/EPFOG/A/2019/135701 The appellant has sought the following information:
1. Date, month & year on which Sh. Nagender Pandey (U.P. Code No. 25649/27), S/o Sh. Tejnarayan Pandey, M/s Mishra Travels and Service, Agra Road, Aligarh, became a member of EPFO, Agra.
2. Date, month & year on which Sh. Nagender Pandey (U.P. Code No. 25613/689), S/o Sh. Tejnarayan Pandey, Delhi Public School, Agra Road, Aligarh, became a member of EPFO, Agra.
In file No. CIC/EPFOG/A/2019/135700 The appellant has sought the following information:
1. Date, month & year on which Sh. Manveer Singh (U.P. Code No. 25649/29), S/o Sh. Buddh Singh, M/s Mishra Travels and Service, Agra Road, Aligarh, became a member of EPFO, Agra.
In file No. CIC/EPFOG/A/2019/135699 The appellant has sought the following information:
1. Date, month & year on which Sh. Pooran Chand Sharma (U.P. Code No. 25649/03), S/o Sh. Narayan Chandra Sharma, M/s Mishra Travels and Service, Agra Road, Aligarh, became a member of EPFO, Agra.
2. Date, month & year on which Sh. Pooran Sharma (U.P. Code No. 25613/355), S/o Sh. Narayan Chandra Sharma, Delhi Public School, Agra Road, Aligarh, became a member of EPFO, Agra.
In file No. CIC/EPFOG/A/2019/135697 The appellant has sought the following information:
31. Date, month & year on which Sh. Ram Godha, S/o Lakhan Singh Godha (U.P. Code No. 25613/351), Delhi Public School, Agra Road, Aligarh, became a member of EPFO, Agra.
In file No. CIC/EPFOG/A/2019/135695 The appellant has sought the following information:
1. Date, month & year on which Sh. Laxman Singh (U.P. Code No. 25649/02), S/o Sh. Shyamlal, M/s Mishra Travels and Service, Agra Road, Aligarh, became a member of EPFO, Agra.
2. Date, month & year on which Sh. Laxman Singh (U.P. Code No. 25613/688), S/o Sh. Shyamlal, Delhi Public School, Agra Road, Aligarh, became a member of EPFO, Agra.
Grounds for Second Appeal The CPIO has denied the desired information u/s 8(1)(e) & (j) of the RTI Act.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that there is no employer-employee relationship between EPFO and the members and hence fiduciary relationship does not exist. He further submitted that the members are not third party also. On a query by the Commission, the appellant did not mention any public interest but pressed on the fact that there is no third party relation. The CPIO submitted that an apt reply was given vide letter dated 11.12.2018 and from a perusal of the RTI and appeal it can be seen that he asked for information on behalf of Delhi Public School and therefore it is important to mention here that the information sought was submitted by them only and there is no rationale for asking for the same. He further submitted that in case the appellant had asked for the said information in his individual capacity,even then the same constitutes third party information and the same is their personal information which cannot be given in the absence of larger public interest being shown.
Observations:
Based on a perusal of the record, it was noted that the CPIO vide letter dated
11.12.2018 replied as follows:
"Members Name:
1. Shri Nagendra Pandey
2. Shri Uresh Kumar
3. Shri Jitendra Kumar Sharma
4. Shri Pawan Saini
5. Shri Devendra Singh 4
6. Shri Munne Khan
7. Shri Ram Godha
8. Shri Manvir Singh
9. Shri Puran Chandra Sharma
10. Shri Laxman Singh For the following reasons the information sought cannot be given to you-
The PF accounts information are given only to the concerned person, as per Sec 8(1)(e) and (j) of the RTI Act the information is held as per fiduciary relationship, and as per Sec 11 the same is related to third party."
The FAA vide order dated 30.04.2019 disposed of the first appeal and held as follows:
"5. After hearing both the parties, attention is drawn of the appellant to Sec 6(1) of the RTI Act according to which only a citizen can ask for information in individual capacity and the right is not available with a organization. The present appeal has been filed by the Administrative Officer and Advocate of Delhi Public School. In the instant case the information sought is exempted u/s 8 (1)(e) and (j) of the Act."
Having heard both the parties and on a perusal of the records, it was noted that the appellant failed to justify that the information sought by him is not personal information of the members mentioned above. He also could not contest the plea taken by the FAA in his order on the basis of Sec 6(1) of the RTI Act.
Decision:
In view of the above observations, the Commission holds that the information sought is related to third parties and personal in nature. Moreover, the appellant failed to justify larger public interest and hence the exemption under Sec 8(1)(j) cannot be lifted. Hence, no further action is warranted in these cases.
The appeals are disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मा णत स या पत ित) 5 A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date ANNEXURE FILE NUMBERS
1. CIC/EPFOG/A/2019/135708
2. CIC/EPFOG/A/2019/135707
3. CIC/EPFOG/A/2019/135704
4. CIC/EPFOG/A/2019/135705
5. CIC/EPFOG/A/2019/135702
6. CIC/EPFOG/A/2019/135701
7. CIC/EPFOG/A/2019/135700
8. CIC/EPFOG/A/2019/135699
9. CIC/EPFOG/A/2019/135697
10. CIC/EPFOG/A/2019/135695 6