Central Information Commission
Shakti Dev vs Employees Provident Fund Organisation on 22 June, 2022
CIC/EPFOG/A/2021/606755
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/EPFOG/A/2021/606755
In the matter of:
Shakti Dev ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Employees Provident Fund
Organisation, Regional Office,
Nidhi Bhawan, Jyoti Nagar,
Jaipur-302005
Relevant dates emerging from the appeal:
RTI Application filed on : 04.02.2021
CPIO replied on : 19.02.2021
First Appeal filed on : 19.02.2021
First Appellate Authority order : 24.02.2021
Second Appeal received on : 25.02.2021
Date of Hearing : 21.06.2022
The following were present:
Appellant: Absent (Despite being served the hearing notice)
Respondent: Shri. Nadeem Ahmed, Regional Provident Fund
Commissioner - II & CPIO & Shri. G.N. Chawla, Regional Provident Fund
Commissioner -II from Employees Provident Fund Organisation,
participated in the hearing in person
Page 1 of 6
CIC/EPFOG/A/2021/606755
ORDER
Information sought:
The Appellant filed an online RTI Application dated 04.02.2021 seeking information as under:
"The information sought under RTI Act 2005 pertains to applicability of income tax, if any, on a accrued interest for an employee who opts to withdraw PF three years (36 months) after retirement (superannuation) after rendering his services for 27 years. In the matter stated above, following information is hereby sought:
1) In case, interest earned is taxable then a copy of the relevant clause (IT act/EPF scheme) may be provided.
2) In case, no such clause exists (or in other words above said interest amount is not taxable), the same may be stated."
The CPIO (Nodal), Employees Provident Fund Organization vide online reply dated 19.02.2021, informed to the Appellant as under:
1) "As per Section 192A of Income Tax Act, 1961, TDS shall be applicable in case a member has rendered less than 5 years service and the amount of withdrawal is above Rs. 50,000/-."
Being dissatisfied, the Appellant filed a First Appeal dated 19.02.2021. The First Appellate Authority vide online reply dated 24.02.2021, informed as under:
"The requisite information has been provided by CPIO."Page 2 of 6
CIC/EPFOG/A/2021/606755 Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the Respondent. Appellant requested the Commission to direct the CPIO to provide complete information sought for.
Submissions made by Appellant and Respondent during Hearing:
The Appellant did not participate in the hearing despite being served the hearing notice.
The Respondent submitted that they have furnished a reply to the appellant providing information as available with them. The Respondent further added that contents of the instant RTI Application being clarificatory in nature, fall beyond the purview of section 2(f) of the RTI Act and further the requisite information pertains to Income Tax Department.
The Commission remarked that above stated facts nowhere reflected in the reply furnished to the Appellant. Therefore, in light of the submissions made a revised reply with respect to the queries of the Appellant has to be provided, to which the Respondent affirmatively concurred.
A written submission has been received by the Commission from the Appellant vide letter dated 01.06.2022, wherein the Commission has been apprised as under:Page 3 of 6
CIC/EPFOG/A/2021/606755 A written submission has been received by the Commission from Shri. J.N. Chawla, Regional Provident Fund Commissioner-II & CPIO vide letter dated 16.06.2022, wherein the Commission has been apprised as under:Page 4 of 6
CIC/EPFOG/A/2021/606755 Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that though the respondent has replied to the instant RTI Application within a stipulated time frame, the same is not adequate. Therefore, the Commission deems it fit to direct the Respondent to provide a revised reply to the Appellant, with a copy marked to the Commission, within a time frame of 15 days from the date of receipt of this order.
With the above observations, the instant Second Appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 21.06.2022 Authenticated true copy (अिभ मािणत स यािपत ित) R. P. Grover (आर. पी. ोवर) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 5 of 6 CIC/EPFOG/A/2021/606755 Addresses of the parties:
1. The First Appellate Authority (FAA) Employees Provident Fund Organisation, Regional Office, Nidhi Bhawan, Jyoti Nagar, Jaipur-302005
2. The Central Public Information Officer Employees Provident Fund Organisation, Regional Office, Nidhi Bhawan, Jyoti Nagar, Jaipur-302005
3. Mr. Shakti Dev Page 6 of 6