Central Information Commission
Satyender Kumar Sharma vs Employees Provident Fund Organisation on 25 July, 2018
CENTRAL INFORMATION COMMISSION
(Room No.313, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi-110067)
Before Prof. M. Sridhar Acharyulu (Madabhushi Sridhar), CIC
CIC/EPFOG/A/2018/130332
Satyender Kumar Sharma v. PIO, EPFOG
Order Sheet: RTI filed on 23.12.2017, CPIO replied on 31.01.2018, FAO on 15.03.2018, Second
appeal filed on 09.05.2018, Hearing on 20.07.2018;
Proceedings on 20.07.2018: Appellant present from NIC Muzaffarnagar, Public Authority
represented by CPIO Mr. Kartikey Singh, RPFC-I at CIC;
Date of Decision-20.07.2018: Disposed of with directions.
ORDER
FACTS:
1. The appellant sought information regarding his pension claim and specifically sought for why his pension claim was not settled within time and the reason for delay along with the details of the person responsible for delaying in for over a year. The CPIO on 31.01.2018 transferred the RTI application to the concerned authority under Section 6(3). The FAA in his order dated 15.03.2018 directed the CPIO, Regional Office, Faridabad and advised the appellant to appeal to this authority. Aggrieved with the above response the appellant approached the commission.
Decision :
2. Shri Kartikey Singh, CPIO/RPFC-I in his written submissions dated 13.07.2018 explained as under:
"BRIEF CHRONOLOGICAL HISTORY
1. The RTI application dated 23.12.2017 of Shri Satyender Kumar Sharma was received by the CPIO (Pension Division), EPFO, Head Office on 04.01.2018.
2. The applicant in his said RTI application had sought information on two points as stated below:
(i) Why was the pension claim of the applicant (account no.
HR/FBD/721/3528) not settled within time?
(ii) The information related to reason & responsible person for delay in settlement of pension claim for over one year should be intimated to him.
3. The applicant in his afore said RTI application enclosed copies of EPFO office letter no. HR/FBD/170300004111/TRANS OUT/14566/607 dated 15.05.2017, CIC/EPFOG/A/2018/130332 Page 1 addressed by the Assistant PF Commissioner (Pension), Regional Office, Faridabad, to the Assistant PF Commissioner (Pension), Regional Office, Meerut (with copy marked to the applicant), and EPFO office letter no.
140609/MR/MRT/Pension/2015 dated 19.06.2017, addressed by Assistant PF Commissioner (Pension), Regional Office, Faridabad (with copy marked to the applicant).
4. The then-CPIO (Pension Divisin), EPFO Head Office, vide his letter no. Pension-III/7(50)2017/RTI/Satyender.Kumar.Sharma/3872-73 dated 31.01.2018, transferred the aforesaid RTI application to CPIO, Regional Office, Faridabad under Section 6(3) of the RTI Act, 2005 (with copy marked to the applicant).
5. The RTI applicant thereafter preferred first appeal in respect of aforesaid RTI application before the First Appellate Authority (Pension Division), EPFO Head Office vide his letter dated nil (received on 21.02.2018). The FAA vide his order dated 15.03.2018 disposed the appeal with remarks that as the RTI application was transferred to the CPIO, Regional Office, Faridabad, therefore, the Regional PF Commissioner-I, Regional Office, Faridabad is the appropriate first appellate authority and the applicant was advised to appeal to the said authority accordingly.
6. Thereafter, this office is in receipt of the notice for hearing for appeal / complaint from the Hon'ble Central Information Commission as per the reference cited above.
WRITTEN STATEMENT OF THE CPIO Upon examining the documents submitted by the applicant with his RTI application dated 23.12.2017 as available on this office's record (namely the EPFO office letters of Regional Offices Faridabad & Meerut as mentioned above), it may be rightly concluded that the applicant's pension claim, Form 10-D, was settled by EPFO Regional Office, Faridabad, and thereafter his particulars in form of Input Data Sheet (IDS) was transferred to the EPFO Regional Office, Meerut for issuance of Pension Payment Order (PPO) as the member may have desired monthly pension through a bank branch located in territorial jurisdiction of Regional Office, Meerut.
It is noted that the Regional Office, Meerut vide their office letter dated 19.06.2017 (available on record) have corresponded on the issue with the Regional Office, Faridabad with certain remark/comment in their said office letter (which is not clearly legible in the documents attached by the applicant).
Now, it is submitted that it may kindly be considered that the queries of the applicant in his aforesaid RTI application dated 23.12.2017, as stated above, were specific to the delay being faced by him in settlement of his pension claim. The said information was not available with EPFO's Pension Division at Head Office, and could have been provided only by the concerned field office that is responsible for settlement of his claim (i.e. Regional Office, Faridabad) or the field office responsible for issuance of PPO & release of his monthly pension (i.e. Regional Office, Meerut). In the aforesaid matter, as per the documents submitted by the applicant, it appears that the Regional Office, Meerut, however, R.O. Meerut had referred the matter back to R.O. Faridabad vide their letter dated 19.06.2017, and therefore, at that point of time & on basis of the documents submitted by the applicant, it may be considered that it was the R.O. Faridabad which was in a position to reply to the queries of the applicant regarding delay in his pension claim settlement.
CIC/EPFOG/A/2018/130332 Page 2 Therefore, the then-CPIO correctly transferred the RTI application of the appellant to the CPIO, EPFO, Regional Office, Faridabad under section 6(3) of the RTI Act, 2005 so that the desired information may be provided to the applicant.
Furthermore, the FAA (Pension Division), EPFO Head Office vide his order dated 15.03.2018 also advised the applicant to appeal before the FAA, Regional Office, Faridabad accordingly.
Thus, in the event that the required information was not been provided to the appellant in respect of his RTI application dated 23.12.2017, the responsible CPIO is the CPIO, EPFO, Regional Office, Faridabad.
It is also submitted that the undersigned was appointed CPIO (Pension Division), EPFO Head Office vide orders dated 08.05.2018, and the reply to the present RTI application was provided by Shri Mukesh Kumar, the then- CPIO (Pension Division), EPFO Head Office.
It is submitted that the reply of undersigned as submitted above may kindly be accepted, and the present appeal against this office may be dismissed accordingly".
3. The Commission in pursuance of the aforementioned written submission of Mr. Kartikey Singh, RPFC-I directs the CPIO, Faridabad to provide complete information in the form of certified copies, free of cost, within 14 days from the date of receipt of this Order. Disposed of.
SD/-
(M.Sridhar Acharyulu)
Central Information Commissioner
CIC/EPFOG/A/2018/130332 Page 3