Central Information Commission
Sandip Vora vs Employees Provident Fund Organisation on 3 August, 2018
CENTRAL INFORMATION COMMISSION
(Room No.313, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi-110067)
Before Prof. M. Sridhar Acharyulu (Madabhushi Sridhar), CIC
Complaint No.: CIC/EPFOG/C/2018/621467
Shri Sandip Vora Appellant
Versus
CPIO, EPFO New Delhi Respondent
Order Sheet: RTI filed on 12.09.2017, CPIO reply - Nil, FAO - Nil, Second appeal filed on 28.03.2018,
Hearing on 03.08.2018;
Proceedings on 03.08.2018: Complainant present from NIC Bhavnagar, Public Authority
represented by Mr. Alok Kumar, APFC and mr. Vikas Rathore, UDC, CGIT at CIC;
Date of Decision - 03.08.2018: Show-cause notice issued.
ORDER
FACTS:
1. The appellant in his RTI application stated that it is connected with ATA 848 (5) of 2016 filed in EPFAT, New Delhi. He specifically sought for information regarding status of ATA and next hearing date; whether it has been transferred to CGIT Ahmedabad and if yes, then the copy of transfer; details of acceptance or noting copy of his third party representation along with last date of hearing and its order copy. Since no information was received, the appellant approached this Commission.
Decision :
2. The officer submitted that the online RTI was received on 12.09.2017 and the concerned Nodal Officer forwarded to the CPIO, EPFAT on 13.09.2017. The first appeal was received on 25.10.2017 and the same was forwarded to the concerned First Appellate Authority on the same day. On 09.07.2018, the respondent authority wrote a letter to the appellant, which explains:
"With reference to your RTI application dated 25.11.2017, find herewith the information as per the points marked in your application:
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1. Please take notice that new number of your transferred ATA 848(5) of 2016 is EPF Appeal/TRF/0006/2017 and is fixed on 20th July 2018 for hearing arguments of parties.
2. The appeal has been transferred in CGIT-cum-Labour Court, Ahmedabad and the copy of letter regarding transfer of appeals from EPFAT, New Delhi to CGIT-cum- Labour Court, Ahmedabad is enclosed herewith.
3. Your copy of representation is kept with the case file.
4. Last date of hearing of appeal was 18.04.2018 and the copy of proceeding (rozkam) is enclosed herewith.
If you are not satisfied by this information, you are at liberty to prefer appeal against this information before the Hon'ble Presiding Officer and appellate authority CGIT- cum-Labour Court, B-7, M.S. Building, Lal Darwaja, Ahmedabad-380001 under Right to Information Act, 2005 within thirty days from the date of receipt of the decision."
3. Mr. Avtar Chand Dogra, Presiding Officer of Central Government Industrial Tribunal Cum Labour Court on 31.07.2018, which explains:
"...it is submitted that only point No. 2 of the RTI Application dated 12/09/2017 pertains to this Tribunal and the information sought vide point no. 2 is given below. The RTI Application dated 12/09/2017 which was received in this Tribunal on 30/07/2018 along with the notice of hearing No. CIC/EPFOG/2018/621647 dated 11/07/2018; the point-wise information is supplied as under:-
Sr. No. Information demanded Supplied information
2. Whether it has been Yes, the Appeal file in ATA No. 848(5)2016
transferred to CGIT has been transferred to CGIT Ahmedabad
Ahmedabad and if yes vide letter dated 10/08/2017. Copy of the than copy of Transfer letter is enclosed herewith.
Further, for the information sought at point No. 1, 3 & 4 the application been transferred to CPIO, Central Govt. Industrial Tribunal cum Labour Court, Ahmedabad on 30/07/2018.
It is also humbly submitted that this application filed by applicant Shri Sandip Vora was received for the very first instance on 30/07/2018 in this Tribunal as consequent upon implementation of Finance Act, 2017, the erstwhile EPFAT which was situated in SCOPE Minar, Laxmi Nagar, Delhi was merged with Central Government Industrial Tribunal cum Labour Court now situated at Dwarka Court Complex. This application under RTI Act, 2005 was never received in CGIT, Delhi in the past. The transfer of the RTI application dated 12/09/2017 to the EPFAT as stated by the Assistant P.F/ Commissioner (PID), EPFO, Head Office in his letter, was made on the email address of EPFAT i.e. [email protected] on 13/09/2017, whereas, the EPFAT ceased to exist w.e.f. 26/05/2017 and CGIT cum Labour Courts came into existence. The email address and passwords of EPFAT were duly surrendered. Therefore, this CGIT never received the online RTI application dated 12/09/2017.
CIC/EPFOG/C/2018/621467 Page 2 It is also submitted that exactly same set of information was sought by Shri Sandeep Vora vide his application dated 25/11/2017 from CPIO, CGIT Ahmedabad. In this case the CPIO, CGIT Ahmedabad provided the information.
Since, the information has already been supplied to the applicant, therefore, it is humbly requested that the appeal may kindly be dismissed."
4. The appellant submitted that he has not received any information till date. The officers submitted that complete information was provided. The Commission upon perusal of records finds that there is inordinate delay of nearly 10 months in responding to the RTI application. Hence, the Commission directs Mr. Gyanendra Kumar, APFC/CPIO and the CPIO of CGIT to show-cause why maximum penalty should not be imposed against each of them for not providing the information within stipulated 30 days time. All the responses must reach this Commission, within 30 days.
SD/-
(M.Sridhar Acharyulu)
Central Information Commissioner
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