Central Information Commission
Mrs M Modi vs Ministry Of Labour & Employment on 27 March, 2014
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/BS/A/2013/000527/4810
27 March 2014
Relevant Facts emerging from the Appeal:
Appellant : Mr. S. M. Modi
President
B.K. Distrct Kelavni Mandal
Kodi Kunj, Amir Road,
Palanpur - 385001 (Banaskantha)
Respondent : CPIO
EPFO
4th Floor, Core 2,
Scope Minar, Laxmi Nagar,
Delhi - 110092
RTI application filed on : 23/04/2012
PIO replied on : 14/06/2012
First appeal filed on : 30/07/2012
First Appellate Authority order : No Order
Second Appeal dated : 05/02/2013
Information sought:
[a] I have sent you the following letters.
[1] Memo of appeal u/s 7(1) of EPF and Misc. Pv. Act against order u/s 7A(1) dt. 20-09- 2011 of Sh. Vipinkumar Sharma RP Fund Commissioner (2nd), Ahmedabad vide our letter dated 23-11-2011.
[2] Reminder - 1 vide our letter No. 182/2011-12 dt. 26-1-2012. [3] Reminder - 2 vide our letter No. 193/2011-12 dt. 13-2-2012. [4] Reminder vide our letter No. 223/2011-12 dt. 16-3-2012. [5] Reminder vide our letter No. 242/2011-12 dt. 29-3-2012.
Whether the said letters have been received by you or not? And have been attended or not? And whether any orders are passed thereon? If any orders have been passed, please send true certified copies thereof.
[b] Why none of the letters has been acknowledged/replied by you. The Applicant further wants to know at whose directions or under which rule our letters have not been acknowledged/replied. Please furnish copy of such orders if any.
[c] By your letter No. ATA No. 828(5)11 dt. 16-2-2012 we were informed that the date of hearing was 10th April 2012. In response we have sent our letter/representation vide our letter No. 223/2011-12 dt. 16-3-2012 and our letter No. 242/2011-12 dt. 29-3-2012. The Applicant wants to Page 1 of 2 know whether our said letters/representations have been taken into consideration at the time of hearing dt. 10-4-2012 and if any orders are passed thereon and if yes copies thereof.
[d] Whether the application for interim stay has been considered and whether any orders have been passed thereon if yes please furnish the copies thereof.
[e] If any orders have been passed in the course of hearing of the appeal. If yes please furnish the copies.
[f] Where the applicant has to follow any procedure in order to get justice and where the complaints grievance against you are to be addressed. Please furnish full postal address for seeking redressal of our grievances.
[g] Please send us a certified copy of the proceedings and the order, if any that have taken place, passed at time of hearing dated 10th April-2012.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Ashwin Kumar Karia appellant's representative through VC Respondent: Mr. Anil Kumar Bhatia CPIO through VC The appellant's representative stated that he had sent a memo of appeal to the Employees' Provident Fund Appellate Tribunal and wants to know the action taken in the matter. The CPIO stated that as per the procedure prescribed by the forum the petitioner is required to make an application accompanied by the prescribed fee of Rs.10/- (per page) by way of demand draft in favour of "Registrar, EPFAT, Delhi" for obtaining certified copy of the court orders. The appellant stated that normally a petitioner cannot know the number of pages in an order; he also strongly pleaded that the letters sent by him should atleast be replied by the forum. The CPIO clarified that even if the appellant submits a draft of Rs.10/- he will be supplied one page of the order and also informed the fee for providing the remaining pages. The CPIO also assured to reply to the appellant's letters.
Decision notice:
The information has been provided.
The matter is closed.
BASANT SETH Information Commissioner Authenticated true copy:
(R. L. Gupta) Dy. Registrar/Designated Officer Page 2 of 2