CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/C/2010/000912/9941
Complaint No. CIC/SG/C/2010/000912
Complainant : Mr. D Prasad
R/o Professor Colony
New Barganda
Giridih - 815301, Jharkhand
Respondent : CPIO & Regional PF Commissioner II
EPFO, Ministry of Labour, Govt. of India
RO Jharkhand, Bhagirathi Complex
Near Circuit House, Karamtoli Rd
Ranchi-834001
Events Chronologically:
• RTI Application - 25/03/2010
• No information provided by the PIO
• Complaint - 25/06/2010
• Notice - 01/09/2010
- Information to be provided
to the Complainant before - 26/09/2010
- Copy of information &
PIO's explanation to be sent
to the Commission before - 06/10/2010
• Response of the PIO
to the Notice - 13/09/2010
Facts
arising from the Complaint:
Mr. D Prasad had filed a RTI application with the PIO, EPFO, Jharkhand, on 25/03/2010
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, Jharkhand, on
01/09/2010 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 13/09/2010 from the PIO, EPFO,
Jharkhand, wherein it was stated that the PPO of Mr. Suresh Ram had already been
prepared on 15/06/2010 and sent to the concerned Br. Manager, Giridih. The PIO further
stated that a reply dated 27/04/2010 to the said RTI Application was already sent to the
Complainant, and the pension has been settled since then. On perusal of documents, it is
observed that the reply dated 27/04/2010 sent by the PIO seems to be incongruous and
the Commission fails to understand why the PIO was unable to comprehend the
information sought in the RTI Application. The Commission further notes that even if
there was an uncertainty w.r.t. the RTI Application, the PIO should have sought
clarifications immediately on receipt of the application and not waited for the expiry of
the 30 days period to provide the 27/04/2010 reply to the Complainant.
Decision:
The Complaint is allowed.
In the light of the above circumstances, the PIO is hereby directed to provide
complete and correct information as mentioned above with regard to the RTI Application
dated 25/03/2010 to the Complainant before 19/11/2010 with a copy to the Commission.
Further, the PIO is therefore, directed to submit a written explanation to show cause as to
why penalty should not be imposed and disciplinary action be recommended against him
under Section 20 (1) & (2) of the RTI Act before 19/11/2010.
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
28th October, 2010
(In any correspondence on this decision, mention the complete decision number.)(JA)