Central Information Commission
Mr.Shiv Kumar Bansal vs Employees Provident Fund Organisation on 16 July, 2010
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/001510/8569
Appeal No. CIC/SG/A/2010/001510
Relevant Facts emerging from the Appeal
Appellant : Mr. Shiv Kumar Bansal
129-B (G.F.)
Gautam Nagar
New Delhi-110049
Respondent : Mr. Lal Singh
Public Information Officer & Assistant PF Commissioner Employees' Provident Fund Organization Regional Office: Delhi- North Ministry of Labour, Govt. Of India Bhavishya Nidhi Bhawan, Plot #28 Wazirpur Industrial Area Delhi- 110052 RTI application filed on : 20/01/2010 PIO replied : 19/03/2010 First appeal filed on : 30/03/2010 First Appellate Authority order : 04/05/2010 Second Appeal received on : 02/06/2010 Information Sought The Appellant sought information regarding - • Were DLF Housing and Construction Pvt. Ltd. depositing the Provident Fund as per the Provident Fund Account-1952?
• Provident Fund Account of Sh. Ram Kala Bansal maintained when working with the DLF Housing and Construction Pvt. Ltd.
Reply of the Public Information Officer (PIO) The reply of the PIO to the Appellant regarding the information sought is given Query wise:
• "M/s DLF Ltd., an exempted establishment u/s 17(1)(a) of EPF &MP Act,1952, being code no.DL/6643, having its own PF Trust and complying with the RPFC, Delhi (North) as per the latest compliance audit."
• Individual PF Account could not be provided by the office which is being maintained by the trust of the establishment.
Grounds for the First Appeal:
Unsatisfactory and irrelevant information provided by the PIO.
Order of the First Appellate Authority (FAA):
The FAA informed that the correct information had been provided by the PIO to the Appellant and the appeal was disposed off.
Grounds for the Second Appeal:
Unsatisfactory and irrelevant information provided by the PIO and unfair disposal of the appeal by the FAA.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Shiv Kumar Bansal;
Respondent: Mr. Lal Singh, Public Information Officer & Assistant PF Commissioner;
The information has been provided to the appellant. The appellant had sought information about DLF Housing and Construction Pvt. Ltd. which as per the appellant himself has been merged with DLF Limited in 1970. The PIO has provided the information that DLF Limited was not covered earlier but was later covered in 1980. The appellant had filed the RTI Application with Head Office at Bhikaji Kama Place, New Delhi on 20/01/2010 personally. However, the respondent states that the RTI application was transferred to the regional office at Wazirpur Industrial Area only on 17/02/2010. From the statement of the respondent it appears that the PIO at Head Office at Bhikaji Kama Place is responsible for the delay in providing the information.
Decision:
The Appeal is disposed.
The information has been provided.
The issue before the Commission is of not supplying the complete, required information by the PIO (HQ) within 30 days as required by the law.
From the facts before the Commission it is apparent that the PIO (HQ)is guilty of not furnishing information within the time specified under sub-section (1) of Section 7 by not replying within 30 days, as per the requirement of the RTI Act.
It appears that the PIO's actions attract the penal provisions of Section 20 (1). A showcause notice is being issued to him, and he is directed give his reasons to the Commission to show cause why penalty should not be levied on him.
The PIO (HQ) Bhikaji Kama Place, New Delhi will present himself before the Commission at the above address on 12 August 2010 at 2.30pm alongwith his written submissions showing cause why penalty should not be imposed on him as mandated under Section 20 (1). If there are other persons responsible for the delay in providing the information to the Appellant the PIO is directed to inform such persons of the show cause hearing and direct them to appear before the Commission with him.
This decision is announced in open chamber. Notice of this decision be given free of cost to the parties. Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi Information Commissioner 16 July 2010 (In any correspondence on this decision, mention the complete decision number.)(IN) CC:
To, Public Information Office Employees Provident Fund Organization Ministry of Labour, Government of India 14, Bhikaji Cama Place, New Delhi-66.