Central Information Commission
Mr.Rajiv Chauhan vs Employees Provident Fund Organisation on 25 November, 2013
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/BS/A/2012/001864/3996
25 November 2013
Relevant Facts emerging from the Appeal:
Appellant : Mr. Rajiv Chauhan
M/s Coral Health Care Private Limited
Plot no. 15, Sector-5, Parwanoo,
District: Solan-173220(H. P.)
Respondent : CPIO & RPFC-II
EPFO
Regional Office,
SCO 4-7, Sector-17D,
Chandigarh -160017
CPIO/RPFC-II
EPFO
Regional Office
Block No. 34, SDA Complex,
Kusumpatti, Shimla-171009(H.P.)
FAA/RPFC 1
EPFO
Regional Office
Block No. 34, SDA Complex,
Kusumpatti, Shimla-171009(H.P.)
RTI application filed on : 28/05/2012
PIO replied on : 24/07/2012
First appeal filed on : 23/08/2012
First Appellate Authority order : 21/09/2012
Second Appeal received on : 15/11/2012
Information sought:
The appellant vide his two RTI applications dated 28/05/2012 had sought the following information relating to M/s TDS Placement & services Pvt. Ltd. Bearing EPF code no. PB/CHD/21722 and M/s Vigil Securities bearing EPF code no. PB/CHD/21263.
1. Copies of Form-9, Form-2, Form 3A, Form-5A, Form-6A and challans.
2. Record of EPF pertaining to any establishment having independent EPF code.
Grounds for the Second Appeal:
The information was wrongly refused under Section 8(1)(e)&(j) of the RTI Act.
Relevant Facts emerging during Hearing:Page 1 of 2
The following were present Appellant: Mr. Rajiv Chauhan & Mr. Paras Dogar appellant's representative through VC (M):09318567799 Respondent: Mr. Amit Singla CAPIO through VC M: 9888167171 The CAPIO stated that the appellant had asked for copies of various returns filed by two establishments in which the personal details of all the employees of the organization are mentioned. He argued that the information relates to third party, is personal nature and held under fiduciary relationship and exempt under Section 8(1)(e)&(j) of the RTI Act. The appellant's representative stated that the respondents are demanding an amount of Rs.19.76 lakhs from M/s.
Coral Health Care Private Limited in respect of two contractors (viz. M/s TDS Placement & services Pvt. Ltd & M/s Vigil Securities) but the said contractors have given them an undertaking confirming that all the EPF dues have been paid by them. He further pleaded that the respondent may kindly examine their records and confirm whether any EPF dues are still pending from the said contractors in respect of contract workers provided by them to M/s. Coral Health Care Private Limited. The APIO stated that the appellant's matter is dealt by their Shimla office and he will request his counterpart at Shimla to examine the issue and provide the complete details based on which the demand of Rs.19.76 lakhs has been raised. The appellant pleaded that the information should be supplied in a time bound manner and they may also be given an opportunity of hearing by the FAA/RPFC I Shimla. The APIO agreed.
Decision notice:
As agreed by the APIO the information as above should be provided to the appellant within 45 days from the date of receipt of this order. If, thereafter, the appellant has any further grievance in the matter the FAA/RPFC 1 Shimla may provide an opportunity of hearing to him.
The appeal is disposed of accordingly.
BASANT SETH Information Commissioner Authenticated true copy:
(A.K.Jha) Deputy Secretary and Deputy Registrar Page 2 of 2