CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001061/9671
Complaint No. CIC/SG/C/2010/001061
Complainant : Mr. Ramanand
S/o. Sh. Sant Kumar Chaturvedi
Village & Post - Bhadaripur
Dist. Oriya, U.P.
Respondent : CPIO & Regional PF Commissioner II
Regional Office, Mumbai III, EPFO
Ministry of Labour, Govt. of India
Plot No. 222, Bhavishya Nidhi Bhawan
Charkop, Kandivali(West), Mumbai-400067
Events Chronologically:
• RTI Application - 30/04/2010
• No information provided by the PIO
• Complaint - 29/07/2010
• Notice - 16/08/2010
- Information to be provided
to the Complainant before - 10/09/2010
- Copy of information &
PIO's explanation to be sent
to the Commission before - 20/09/2010
• Response of the PIO
to the Notice - 17/09/2010
Facts
arising from the Complaint:
Mr. Ramanand filed a RTI application with the PIO, Bhavishya Nidhi Bhawan,
Kandivali, Mumbai, on 30/04/2010 asking for certain information. However on not having
received the information within the mandated time, the Complainant filed a complaint under
Section 18 of the RTI Act with the Commission. On this basis, the Commission issued a notice
to the PIO, EPFO, Plot No. 222, Bhavishya Nidhi Bhawan, Charkop, Kandivali (West),
Mumbai, on 16/08/2010 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 17/09/2010 from the CPIO & RPFC II, EPFO,
RO Mumbai, Bhavishya Nidhi Bhawan, Charkop, Kandivali (West), Mumbai, wherein is was
stated that a reply to the said RTI Application was already provided to the Complainant vide
letter dated 20/07/2010. It was further stated that the RTI Application was received by their
office on 13/05/2010 and further under sec 5(4) of the RTI Act, assistance was sought on
14/05/2010 from the concerned authority who was the holder of the information. The letter also
stated that the reply from the concerned authority was received on 22/06/2010 by their office
and was further forwarded to the Complainant on 20/07/2010. The Commission notes that the
explanation provided by the CPIO & RPFC II for the delay of over 28 days in providing
information to the Complainant does not appear to be reasonable. On perusal of documents, the
Commission further observes that the reply dated 20/07/2010, as claimed to be provided by the
CPIO & RPFC II to the Complainant along with its dispatch proof has not been sent to the
Commission for appropriate disposal of the case.
Decision:
The Complaint is allowed.
In view of the aforesaid, the CPIO & RPFC II, EPFO, RO Mumbai, Bhavishya Nidhi
Bhawan, Charkop, Kandivali (West), is hereby directed to provide this Commission with the
necessary document, viz: the copy of the reply dated 20/07/2010 and its dispatch proof for
appropriate disposal of the case before 25/11/2010.
From the facts before the Commission it is apparent that the CPIO & RPFC II, EPFO,
RO Mumbai, 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 CPIO’s actions attract the penal provisions and disciplinary action of Section
20 (1) and (2) of the RTI Act.
The CPIO & RPFC II, EPFO, RO Mumbai, Bhavishya Nidhi Bhawan, Charkop,
Kandivali (West), Mumbai, is hereby directed to present himself before the Commission on
01/12/2010 at 12:00 pm 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 CPIO 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 the CPIO on the aforesaid scheduled date and time. The CPIO should
also bring along proof of seeking assistance from other person(s), if any.
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.
ShaileshGandhi
Information Commissioner
6th October, 2010
(In any correspondence on this decision, mention the complete decision number.)(JA)