Central Information Commission
Shahida Khatoon vs Ministry Of Labour & Employment on 1 May, 2023
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/MLABE/A/2022/106567
Shahida Khatoon ......अपीलकता/Appellant
VERSUS
बनाम
1. CPIO,
M/o LABOUR & EMPLOYMENT, RTI
CELL, SHRAM SHAKTI BHAWAN,
RAFI MARG, NEW DELHI-110001.
2. The CPIO,
Employees' Provident Fund
Organisation, RTI Cell,
Bhavishya Nidhi Bhawan, 14,
Bhikaji Cama Place, R.K. Puram,
New Delhi-110066. .... ितवादीगण
/Respondent(s)
Date of Hearing : 21/04/2023
Date of Decision : 21/04/2023
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 30/05/2020
CPIO replied on : 07/08/2020
First appeal filed on : 13/09/2020
1
First Appellate Authority order : 30/09/2020
2nd Appeal/Complaint dated : 05/02/2022
Information sought:
The Appellant filed an RTI application dated 30.05.2020 with the CPIO, PMO seeking the following information:
As per the records, the CPIO, M/o Labour and Employment, New Delhi (Respondent no. 1) upon receipt of RTI Application on transfer basis, further 2 transferred it to the CPIO, EPFO, New Delhi (Respondent no. 2) on 07.08.2020 for further necessary action .
Being dissatisfied, the appellant filed a First Appeal dated 13.09.2020 with the First Appellant Authority of Respondent no. 1. FAA's order, dated 30.09.2020, held as under:
"I have perused all the records placed before me and found that the appellant had submitted an RTI application dated 30.05.2020 under RTI Act, 2005 and the same was transferred to the office of EPFO vide this Ministry's letter of even number dated 07.08.2020 (copy enclosed) for necessary action as the requisite information was related to them.
Hence, a copy of RTI appeal dated 13.09.2020 of Ms. Shahida Khatun is being transferred to EPFO for further necessary action as the matter is related to them."
Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal on the ground of non-receipt of information.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Not present.
Respondent no. 1: Samir Kumar Das, U.S. & CPIO present through intra-video conference.
Respondent no. 2: Surendra V Azad, RPFC & CPIO present through video- conference.
Respondent no. 1 by placing reliance on his written submission dated 12.04.2023 submitted that the instant RTI Application as also the First Appeal have been transferred to the EPFO, headquarters on 07.08.2020 and 30.09.2020 respectively under due intimation to the Appellant.
Respondent no. 2 invited attention of the bench towards his written submission filed prior to hearing wherein he stated as under -
Ms. Sahida Khatoon has filed an RTI application dated 30.05.2020 (copy enclosed as Annexure I) with the CPIO, Ministry of Labour & Employment, New Delhi while 3 the same was transferred to CPIO, EPFO, Head office, New Delhi since the information sought for pertains to EPFO. Subsequently, the said RTI application which was purportedly stated to have been transferred to CPIO, RO, Chennai- North was not actually received by the EPFO, Regional Office, Chennai - North, Chennai as it was found to be transferred to an Invalid email Id and hence the desired information could not be provided to the RTI applicant. Subsequently, the appellant had filed an RTI appeal dated 13.09.2020 with the Ministry of Labour & Employment, New Delhi on the ground that no information had been received by the appellant. The First Appellate Authority, Ministry of Labour & Employment, New Delhi had disposed of the RTI appeal on the grounds that the RTI application had already been transferred to EPFO, Head office, New Delhi vide order dated 30.09.2020 (Annexure - II).
Another RTI appeal filed by Ms. Saheda Khatoon dated 30.11.2020 on the same matter which was transferred from the RTI Cell, EPFO, Head Office, New Delhi on 10.12.2020 to EPFO, Regional Office, Chennai - North, Chennai through e-mail (Annexure - III) could not be attended to due to COVID - 19 Pandemic.
However, It is earnestly submitted that the RTI applicant is the spouse of the deceased member Shri. Mohammad Samim who was a member of EPF Scheme with IJAN No: 100851099162 and PF account number:
TNMAS00232540000001463 and further submitted that the Claims In Form 20 had already been settled to the eligible legal heirs proportionately on 15.11.2022 & 14.12.2022, respectively as follows:
Xxx Information furnished as sought for, Point In 1 & 2 The information sought In Point no.1 & 2 is already available In the EPFO website - > services-> For employees -a know which claim to Submit -> Deceased. However, the same Is reproduced hereunder:
Instruction for submission of claim For withdrawal of Provident Fund Accumulation of minor/lunatic/deceased members. WHO CAN APPLY?
1. If the member is a minor, by his guardian OR
2. On the death of the member:
a) If a valid nomination subsists: by the nominee(s) of the deceased member if the nominee(s) is ere minor(s) guardian of the minor(s) 4
b) If no nomination subsists: by the family member(s) of the deceased member duly Supported by a list of surviving family members (as on the date of death of the member) furnished by the last employer or mamlatdar/Tehsildar or executive magistrate indicating status in the case of parents complete particulars such as name, relationship with the deceased member, age, marital statics In the Case Of parents, whether dependent or not.
If any family member Is e minor, by the guardian of the minor If both (a) and (b) above are not applicable: by legal heir(s) of the deceased member duly supported by a legal heir ship certificate.
GENERAL INSTRUCTIONS
1. claimants who mention their mobile number on the form will get SMS alerts on different stages of the approval of their claim form.
The claimants can also visit the epfindia.gov.in website to view the status of their through the link, Know Your Calm Status.
2. All Columns should be filled in clearly in BLOCK LETTERS and there should be no over writing.
3. Member's Account Number: The account number should have the Region Code (two alphabets), Office Code (three alphabets) code number (maximum 7 digits), extension (sub code, if any, maximum three characters) and account number (maximum 7 digits). The region codes have changed after creation of the multiple regions In some states, namely Maharashtra, Tamil Nadu, Karnataka, West Bengal, Punjab, Gujarat, Andhra Pradesh, Uttar Pradesh, Haryana and Delhi. For getting the correct Region and Office Codes, please visit Establishment Search facility provided under link for Employees through the epfindia website [epfindia.gov.in].
3. Payment is made by directly crediting the Bank Account mentioned by the claimant. In case the bank account is in a computerised branch, payment may be made faster through electronic mode (NEFT etc). The claimant should attach a copy of blank/cancelled cheque ensuring that the IFS Code and Account numbers are clearly visible. Payment can be made through Money Order only if the total amount is less than 2000/-. The claimant should mention his/her POSTAL ADDRESS correctly with PIN Code so as to receive the money and any communication 5 related to the claim. Attestation of claim application. The application should be submitted through the employer under whom the member was last employed. In case the claim is through a form downloaded from the epfindia website, all pages should be signed by the claimant as well as the employer.
In case of a closed establishment whose Authorised Signatory/Employer is not available, the claimant may forward the claims duly signed in the presence of any of the following authorized official and got attested over his official seal. Magistrate/ Gazetted Officer/Post or Sub-Post Master/President of Village Union/ President of the Village Panchayat where there is no Union Board/Chairman or Secretary or Member of the Municipal or District Local Board/Member of Parliament legislative Assembly/Member of Central Board of Trustees/Regional Committee of Employees' Provident Fund/Manager of the Bank In which the Saving Bank Account is maintained/Head of any recognized.
DOCUMENTS TO BE ATTACHED:
(a) Death certificate, in case the application is by the nominee/surviving family members or their guardian/legal heirs after the death of the member.
(b) Guardianship certificate issued by a competent court of law, if the application is preferred by a guardian other than the natural guardian of minor member/nominee/family member/legal heir.
(c) Copy of blank/cancelled cheque so that the payment may be sent through electronic mode in the claimant's account.
(d) Form 5(IF) for claiming the benefits under the Employees' Deposit Linked Insurance Scheme, in case: (i) The member had died while in service, (Ii) The establishment under which the member was working at the time of death was un exempted under the EDLI Scheme as on his date of death.
(e) Form 100 for claiming the Pension benefits, in case: (I) The claimant Is a family member (Spouse/child below 25 years age as on date of death of member) (ii) Nominee for Pension, in case the member had no family and had nominated such nominee for Pension Op Nominee for Pension, in case the member had no family and had nominated such nominee for Pension (III) Dependent Parents, In case the member had no family at the time of his/her death and had not nominated any one for Pension.6
(f) Form 10C for withdrawal Benefit, In case the member had died after 58 years of age and had not completed 10 years of service as on date of crossing 58 years age. Point No 3;
EPFO, Regional Office, CHENNAI (NORTH) No. 37, Royapettah High Road,Opposite Swagat Hotel, (TN). Chennai - 600 014, Tamil Nadu point No 4...."
Decision:
The Commission observes from a perusal of records that the only ground raised by the Appellant in the instant Appeal was non-receipt of information. In response to which, the Respondent no.2 categorically explained the factual clarifications as regards to information sought (as mentioned in the preceding paragraphs) which adequately suffices the information sought by the Appellant as per the provisions of RTI Act.
In view of the above, no further relief can be added in the matter.
However, the Respondent no. 2 is hereby directed to provide a copy of his latest written submission free of cost to the Appellant, if not already shared with him at all, immediately upon receipt of this order under due intimation to the Commission.
Lastly, the role of Respondent no. 1 is hereby dispensed with.
The appeal is disposed of accordingly.
Saroj Punhani (सरोज पुनहािन) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 7