CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000921/9242
Complaint No. CIC/SG/C/2010/000921
Complainant : Mr. Parasaram Ganesh
SSA, EPFO, SSO, Whitefield
Lakshmi Complex, Old Madras Rd.
KR Puram, Bangalore- 560036
Respondent : CAPIO & Asst. PF Commissioner
Bangalore Region, EPFO, Ministry of Labour
Govt. of India, 13, Bhavishya Nidhi Bhawan,
Raja Ram Mohan Roy Rd., PB No. 25146
Bangalore- 560025
Events Chronologically:
• RTI Application - 12/10/2009
• No information provided by the PIO
• Complaint - 01/07/2010
• Notice - 14/07/2010
- Information to be provided
to the Complainant before - 08/08/2010
- Copy of information &
PIO's explanation to be sent
to the Commission before - 18/08/2010
• Response of the PIO
to the Notice - 17/08/2010
Facts
arising from the Complaint:
Mr. Parasaram Ganesh filed a RTI application with the CAPIO & RPFC-I, Regional Office, 13,
Bhavishya Nidhi Bhawan, Raja Ram Mohan Roy Rd, Bangalore, on 12/10/2009 asking for certain
information. However on not having received the information within the mandated time, a Complaint was
filed under Section 18 of the RTI Act with the Commission On this basis, the Commission issued a notice to
the PIO, EPFO, Regional Office, 13, Raja Ram Mohan Roy Rd., Bangalore- 25, on 14/07/2010 with a
direction to provide the information to the Complainant and further sought an explanation for not furnishing
the information within the mandated time.
The Commission received a letter dated 17/08/2010 from the CAPIO & Asst. PF Commissioner,
Bangalore Region, EPFO, 13, Bhavishya Nidhi Bhawan, Raja Ram Mohan Roy Rd, wherein it was stated
that the Complainant has been furnished with the information vide letter dated 08/08/2010 as sought by him
in his RTI Application dated 12/10/2009. Further, it was also stated that a delay ensued in providing
information to the Complainant as the said information was not readily available and the same had to be
collected from different branches. The Commission observes that the explanation for the delay of over 270
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days does not appear to be reasonable. Further, it is noted that w.r.t. Query No. 9 of the RTI Application,
which correlates to Answer No. 13 of the CAPIO’s reply dated 08/08/2010, the information was not
provided to the Complainant as the CAPIO & Asst. PF Commissioner, Bangalore Region, EPFO, claimed
an exemption under section 8 (1) (e) & (j) of the RTI act, 2005 as the information is personal in nature and
disclosure of which has no relationship to any public authority or interest. The Commission further observes
that no explicit reason has been mentioned by the CAPIO for not providing information w.r.t. Query No. 9
of the RTI Application dated 12/10/2009.
Decision:
The Complaint is allowed.
The issue before the Commission is of not supplying the complete, required information by the PIO
within 30 days as required by the law.
From the facts before the Commission it is apparent that the CAPIO & Asst. PF Commissioner,
Bangalore Region, EPFO, 13, Raja Ram Mohan Roy Rd, 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 CAPIO’s actions attract the penal provisions and disciplinary action of
Section 20 (1) and (2) of the RTI Act.
The CAPIO & Asst. PF Commissioner, Bangalore Region, EPFO, 13, Bhavishya Nidhi Bhawan,
Raja Ram Mohan Roy Rd, Bangalore, is hereby directed to present himself before the Commission on
20/10/2010 at 4:00pm along with his written submissions to show cause why penalty should not be
imposed and disciplinary action be recommended against him under Section 20 (1) and (2) of the RTI Act.
Further, the CAPIO may serve this notice to such person(s) who are responsible for this delay in providing
the information, and direct them to be present before the Commission along with him on the aforesaid
scheduled date and time. The CAPIO should also bring along proof of seeking assistance from other
person(s), if any. Further, the CAPIO is directed to include in his written submissions reasons for invoking
an exemption under section 8(1) (e) & (j) of the RTI Act, 2005.
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, 2005
Shailesh Gandhi
. Information Commissioner
06/09/2010
(In any correspondence on this decision, mention the complete decision number.)(JA)
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