Central Information Commission
Mr.Adesh Kumar vs Employees Provident Fund Organisation on 6 June, 2012
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
Decision No.CIC/SG/A/2011/001172/BS/0294
Appeal No.CIC/SG/A/2011/001172/BS
Relevant Facts emerging from the Appeal
Appellant : Mr. Adesh kumar
Prachi Siddarth Apartment,
Flat-B-2, P.O. B.V. College, Jagdeo Path,
Bailey Road, Patna-800014, Bihar
Respondent : CPIO & RPFC - II
EPFO, Regaional Office, Bhavishyanidhi Bhawan, R Block, Road No. 6, Patna-800001, Bihar RTI application filed on : 24/11/2010 PIO replied : 09/12/2010 First appeal filed on : 13/01/2011 First Appellate Authority order : Still Awaited Second Appeal received on : 28/04/2011 Information Sought:
Appellant has sought following information:
• Whether establishment of Smt. Punam Devi is registered under EPF and MP Act? If yes, the date from which her establishment is registered along with copy of code number and appointment letter be provided to Appellant.
• Sri Rameshwar Kumar, PRO and Sri G. B. Sahay Assistant of EPFO, Patna attended office of SP, CBI Patna on 26/09/2007 on direction of N. K. Prasad, Regional Commissioner EPFO The following in formations are required in above connection.
a) Kindly provide information/documents regarding mode of requisitioning Shri Rameshwar Kumar and Shri. G. B. Sahay by CBI Patna on 26/09/2007. The time letter or phone call was received by then Regional Commissioner, copy of letter or Phone No by which call was made by CBI provided to the appellant.
b) Whether Shri Rameshwar Kumar, PRO and Shri. G. B. Sahay, Assistant were requistioned by name by CBI Patna? The details be provided.
c) At what time Shri Rameshwar Kumar and Shri. G. B. Sahay, Assistant was directed to visit CBI Patna Office?
d) The actual departure time of Sri Rameshwar Kumar and Shri. G. B. Sahay, Assistant from EPFO Patna Office on 26/09/2007 be provided to appellant.
Reply of the CPIO:
The point wise requisite information is as under:
• Para 1 Name and address of requisite estt. is required.Page 1 of 3
• Para 2 (a, b, c, d) As per section 8(1) (h) of RTI Act 2005, information which would impede the process of investigation or apprehension or prosecution of offenders cannot be supplied.
Grounds for the First Appeal:
Information provided is not satisfactory.
Order of the FAA:
No order passed.
Grounds for the Second Appeal:
FAA has not replied and information provided by CPIO is not satisfactory.
Relevant Facts emerging during Hearing:
The following were present Appellant: Absent.
Respondent: Mr. Jia Lal , CPIO through videoconferencing.
The appellant was given an opportunity to participate in the hearing, however, he is absent. The CPIO stated that a reply dated 09/12/2010 had been furnished to the appellant in response to his RTI application dated 24/11/2010. On perusal of the said reply the Commission finds that proper information has not been furnished viz. in reply to query No. 1 the CPIO had asked the appellant to furnish the name and address of the establishment to enable him to disclose the required information while in reply to query No. 2 the CPIO has denied information claiming exemption under Section 8(1) (h) of RTI Act. On being asked to show satisfactory reason as to how the release of information would hamper investigation, the CPIO could not offer any satisfactory explanation. It is also seen that even after appellant had furnished the name and address of the establishment, no information was made available to him as requested in query 1 of RTI application.
Decision Notice:
The Commission directs that complete and correct information as available on records requested by the appellant in his RTI application dated 24/11/2010 should be furnished to him by 08/07/2012.
The CPIO is warned to exercise due care to ensure that timely, correct and complete information is furnished to the RTI applicant(s) as per provisions of the Act failing which penal proceedings under Section 20 may be initiated in future.
The appeal is allowed.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
BASANT SETH Information Commissioner Page 2 of 3 June 06, 2012 (In any correspondence on this decision, mention the complete decision number.) (PS) Page 3 of 3