Central Information Commission
Balwinder Singh vs Employees Provident Fund Organisation on 15 September, 2017
CENTRAL INFORMATION COMMISSION
(Room No.315, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110 066)
Prof. M. Sridhar Acharyulu (Madabhushi Sridhar)
Central Information Commissioner
CIC/BS/A/2016/000425
Balwinder Singh v. PIO, EPFO, Bathinda
RTI : 15.10.2015
FAO : 29.12.2015
Second Appeal : 13.01.2016
Hearing : 06.09.2017
Appellant : Absent
Public authority : Shri Ram, APFC
Decided on : 15.09.2017
FINAL ORDER
FACTS:
1. The appellant filed RTI application seeking Xerox copy of month-wise detail of deposited EPF amount in his account, copy of amount withdrawn from the account between 01.01.2007 to 13.10.2015, copy of supporting documents against which withdrawal of total amount was made 01.01.2007 to 13.10.2015, copy of Form No. 2. CPIO replied on 18.11.2015 that information sought is third party information and is in fiduciary capacity covered under section 8 (1) (e) and 8 (1) (j) of RTI Act and the same was upheld by FAA. The appellant has approached this Commission in second appeal on the ground that the information sought is not third party information.
2. The Commission's order dated 29.03.2017:
2. The Commission directs Mr. K.S. Saini, Regional Provident Commissioner and Mr. Subhash Kumar, Accounts Officer considering him as deemed PIO to show-cause why maximum penalty should not be imposed upon each of them for illegally denying information the information sought by the appellant, within 30 days from date of receipt of this order.
Decision :
3. Shri K.S. Saini, CPIO/RPFC-II submitted a written explanation on 26.04.2017, which explains:
"...it is intimated that at the time of receipt of RTI application from Sh. Balwinder Singh Dt 15-10-2015 received in this office on 20-10-2015, Sh. Paripuran nath CIC/BS/A/2016/000425 Page 1 was the CAPIO and Sh. J.P. Chauhan was the CPIO, who were responsible for supplying the information to the appellant.
The then CAPIO Sh. Paripuran nath sent reply to the appellant vide letter no. RTI/Vol-XI/FDK/SRO/BTO/6409 dated 18-11-2015 intimating there by that EPF a/c 18862/271 pertains to Balwinder Singh S/o Mahal Singh, because the authorized signatory Sh. Balwinder Pal Garg Director/Principal authorised signatory of GTB Khalsa Inst. of Engineering & Technology, Chhapianwali, Malout submitted the EPF claim Form-19 of Sh. Balwinder Singh S/o mahal Singh certifying that EPF a/c 18862/271 pertains to Sh. Balwinder Singh S/o Mahal Singh.
However during the investigation by EPF office it was found that Sh. Balwinder Pal Garg Director/Principal authorised signatory of GTB Khalsa Inst. of Engineering & Technology, Chhapianwali, Malout wrongly certified the claim that EPF a/c 18862/271 pertains to Balwinder Singh S/o Mahal Singh which actually pertains to Balwinder Singh S/o Joginder Singh.
Accordingly action has been taken against the authorised signatory of GTB Khalsa Inst. of Engineering & Technology, Chhapianwali, Malout for recovery of Rs. 65444 which was wrongly disbursed to Sh. Balwinder Singh So Mahal Singh due to their mistake. The said amount of Rs. 65444 has been recovered and credited alongwith the interest to the EPF a/c 18862/271 in r/o Sh. Balwinder Singh S/o Joginder Singh.
This information has been sent to the applicant vide this office letter no. RTI/Vol-XII/FDK/SRO/BTI/13302 dated 30-03-2017 & no. RTI/Vol- XII/FDK/SRO/BTI/979 dated 26-04-2017 respectively.
It is therefore requested that no penalty should be imposed upon the then CAPIO Sh. Paripuran Nath & the then CPIO Sh. J.P. Chauhan as the information provided by them at that time was based on the certification of claim by Sh. balwinder Pal Garg Director/Principal authorised signatory of GTB Khalsa Inst. of Engineering & Technology, Chhapianwali, Malout."
4. After perusing the records, the Commission finds sufficient information has been provided to the appellant. The instant appeal concludes with a warning to the respondent authority that not to harass the pensioners. Explanation is satisfactory. Penalty proceedings are dropped. Disposed of.
SD/-
(M. Sridhar Acharyulu) Central Information Commissioner Authenticated true copy (Dinesh Kumar) Deputy Registrar CIC/BS/A/2016/000425 Page 2 Copy of decision given to the parties free of cost.
Addresses of the parties:
1. The CPIO under RTI, EPFO, M/o Labour & Employment, Sub Regional Office, Bhavishya Nidhi Bhawan, Urban Estate, PH-I, Near TV Tower, Bathinda, Punjab.
2. Shri Balwinder Singh, CIC/BS/A/2016/000425 Page 3