Central Information Commission
Ashok Kumar vs Coal Mines Provident Fund Organisation on 13 September, 2018
CENTRAL INFORMATION COMMISSION
Baba Gang Nath Marg, Munirka,
New Delhi-110067
F. No.CIC/CMPFO/A/2017/110465
Date of Hearing : 12.09.2018
Date of Decision : 12.09.2018
Appellant/Complainant : Shri Ashok Kumar
Respondent : PIO
Assistant Commissioner -I
O/o the Coal Mines Provident Fund
Commissioner
Coal Mines Provident Fund
Organization
Through: Sh. ChandrakantVerma
and Sh. A K Singh-CPIO
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI application filed on : 30.09.2016
PIO replied on : 25.10.2016
First Appeal filed on : 15.11.2016
First Appellate Order on : 09.12.2016
2ndAppeal/complaint received on : 16.02.2017
Information soughtand background of the case:
Vide RTI application dated 30.09.2016, the appellant sought information regarding transfer of Ledger bearing CMPF A/c. No. JHA/24/8203 in respect of Ashok Kumar, S/o Shri Kalika Prasad Singh then posted at BCCL to the office of the Regional Commissioner, Region-I, Ranchi, having new/active CMPF A/c. No. BLP /27 -357 of Ashok Kumar, presently of posted in CCL. In this regard he submitted several letters/reminders and sought details of responsible office for taking action; action taken report thereon and other related information. CPIO/Assistant Commissioner-I vide letter dated 25.10.2016 furnished 1 page information as received from holding officer but attachment of PIO reply not enclosed. Dissatisfied with response received from PIO, the appellant filed first appeal. FAA vide letter dated 09.02.2016 directed the CPIO to furnish information on point no. 2. In compliance of FAO, the CPIO, Shri H.D. Pathak vide letter dated 26.12.2016 replied. Still aggrieved, the appellant approached the Commission.
Facts emerging in Course of Hearing:
Appellant states that he was harassed in obtaining the information about complaints filed between 2014-15,and provided incomplete information in response to his six queries. The Respondent has filed submissions before the Commission without giving a copy of the same information to the appellant. Appellant denies receipt of any information about ledger card.
Respondent states that since the matter relates to information about Ledger card which is available with Regional Office Region -I, Ranchi and Region-II, Dhanbad, hence the RTI application was transferred.Copy of ledger card was twenty five years old and yet the same was traced and has been furnished to the appellant who had joined PPCL subsequently. The appellant had left BCCL and joined ACCL and eventually two CMPF accounts got created, but appellant had never revealed the same to the Respondent. On discovery of these facts, the Respondent is now ensuring that both accounts are consolidated, process whereof is underway currently.
Decision:
Upon hearing both parties, the Commission notes that the germane issue giving rise to the case at hand is that of the CMPF dues of the appellant. The appellant's allegations indicate that he has been compelled to run from pillar to post to procure the necessary information about his CMPF account. The appellant has during the hearing narrated that the Respondents have not responded to his letters, requests, phone calls and visits thereby constraining him to file the complaints. He seeks to know the action taken on these complaints now.
Respondent on the other hand has stated that since the fact about existence of more than one CMPF account in the name of the appellant came to light much later, and not from the appellant hence the delay in consolidation of accounts. The Respondents assure that the consolidation of accounts is under process and shall be accomplished shortly. Among the submissions placed on record by the Respondent, there is a communication dated 26.08.2016 from the Regional Commissioner, CMPF, Dhanbad, in compliance with FAO, whereby the appellant has been requested to submit his PF claims throughSudamdih Coal Washery Colliery Management if ..resigned in 1991 alongwith ...full contribution confirmation details by the management since it is a very old and rare case of more than 25 years old.
Further, submit a declaration that claim has not been sent earlier in this office and benefits has not availed alongwith a self declaration regarding genuinity of Claimant .."
It is not clear whether the appellant has adhered to these directions. Be that as it may, as can be inferred from submissions of the Respondent that the process of consolidation of the CMPF accounts is already underway. In the light of these facts and circumstances, the Commission is of the considered opinion that the PIO-Sh. A K Singh must provide: i) status of the consolidation of CMPF accounts of the appellant, and ii) complete Action Taken Report with respect to the various complaints filed by the appellant to the appellant within two weeks from receipt of this order.
Sh. Singh is further directed to submit a Compliance report with respect to the above directions, within 03.10.2018, default whereof shall attract penal action, as per law.
The appeal is thus disposed of with the above directions.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(R.P.Grover) Designated Officer