CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/C/2010/000935/9266
Complaint No. CIC/SG/C/2010/000935
Complainant : Mr. Prem Singh Saini
H. No. 45, Sukh Ram Colony
Ropar-140001, Punjab
Respondent : CPIO & Regional PF Commissioner II
EPFO, Ministry of Labour, Govt. of India
Sub Regional Office, Nidhi Bhawan
A-2C, Sector-24, Noida- 201301 (U.P.)
Events Chronologically:
• RTI Application - 25/08/2009
• No information provided by the PIO
• Complaint - 23/02/2010
• Notice - 16/07/2010
- Information to be provided
to the Complainant before - 10/08/2010
- Copy of information &
PIO's explanation to be sent
to the Commission before - 20/08/2010
• Response of the PIO
to the Notice - 19/08/2010
Facts
arising from the Complaint:
Mr. Prem Singh Saini filed a RTI application with the PIO & RPFC, Sub-Regional Office, Nidhi
Bhawan, A-2C, Sector-24, Gautam Budh Nagar, Noida, on 25/08/2009 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 &
RPFC, EPFO, Sub-Regional Office, Nidhi Bhawan, Gautam Budh Nagar, Noida, on 16/07/2010 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 19/08/2010 from the CPIO & Regional PF Commissioner II
EPFO, Sub Regional Office, Nidhi Bhawan, Noida, wherein it was stated that the information was already
provided to the Complainant on 19/05/2010 and in furtherance of the Commission’s notice, a copy of the
reply is being forwarded to the Complainant again vide letter dated 10/08/2010. It was further stated that the
Pension claim of the Complainant was settled by their Chandigarh Office on 10/03/2010. the CPIO & RPFC
II also submitted that a delay ensued in providing information to the Complainant primarily due to other
officials from whom assistance was sought but not provided within time, and also because of a shortage of
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staff. The Commission observes that the explanation provided for the delay of over 239 days seems
unreasonable.
Decision:
The Complaint is allowed.
From the facts before the Commission it is apparent that the CPIO & Regional PF Commissioner II,
EPFO, Sub Regional Office, Nidhi Bhawan, Noida, 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 & Regional PF Commissioner II, EPFO, Sub Regional Office, Nidhi Bhawan, A-2C,
Sector-24, Noida (U.P.), is hereby directed to present himself before the Commission on 21/10/2010 at 2:30
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 him 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
Shailesh Gandhi
. Information Commissioner
07/09/2010
Enclosure: CPIO’s reply dated 19/05/2010 & 19/08/2010.
(In any correspondence on this decision, mention the complete decision number.)(JA)
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