CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000915/9216
Complaint No. CIC/SG/C/2010/000915
Complainant : Mr. Pramod Tripathi
WB 205, II Floor
Ganesh Nagar II, Shakarpur
New Delhi- 110092
Respondent : PIO & Regional PF Commissioner II
Employees Provident Fund Organization
6th-9th Floor, Bhavishya Nidhi Bhawan
28, Wazirpur Industrial Area
Wazirpur, New Delhi- 110052
Facts
arising from the Complaint:
Mr. Pramod Tripathi had filed a RTI application with the CPIO, EPFO, Regional Office (Deli
South), Bhavishya Nidhi Bhawan, 28, Community Centre, Wazirpur, on 13/04/2010 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 & Regional PF Commissioner II, EPFO, 6th-9th Floor, Bhavishya Nidhi Bhawan
28, Wazirpur Industrial Area, 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 has neither received a copy of the information sent to the Complainant, nor has
it received any explanation from the PIO & Regional PF Commissioner II, EPFO, 6th-9th Floor, Bhavishya
Nidhi Bhawan, for not supplying the information to the Complainant. Therefore, the only presumption that
can be made is that the PIO & Regional PF Commissioner II, EPFO has deliberately and without any
reasonable cause refused to give information as per the provisions of the RTI Act. Failure on the part of the
PIO to respond to the Commission’s notice shows that there is no reasonable cause for the refusal of
information.
Decision:
The Complaint is allowed.
In view of the aforesaid, the PIO & Regional PF Commissioner II, EPFO, 6th-9th Floor, Bhavishya
Nidhi Bhawan, 28, Wazirpur Industrial Area, is hereby directed to provide the complete information with
regard to the RTI Application dated 13/04/2010 to the Complainant before 24/09/2010 with a copy to the
Commission. From the facts before the Commission, it appears that the PIO & Regional PF Commissioner
II, EPFO, has not provided the correct and complete information within the mandated time and has failed to
comply with the provisions of the RTI Act. The delay and inaction on the PIO’s part in providing the
information amounts to willful disobedience of the Commission’s direction as well and also raises a
reasonable doubt that the denial of information may be malafide.
The PIO & Regional PF Commissioner II, EPFO, 6th-9th Floor, Bhavishya Nidhi Bhawan, 28,
Wazirpur Industrial Area, is hereby directed to present himself before the Commission on 18/10/2010 at
10:30 am 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
PIO may serve this notice to such person (s) who is responsible for this delay in providing the information,
and may direct them to be present before the Commission along with him on the aforesaid scheduled date
and time. If the information has already been supplied to the complainant, bring a copy of the same to the
Commission with your written submissions, and also 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
03/09/2010
Encl: RTI Application dated 13/04/2010
(In any correspondence on this decision, mention the complete decision number.)(JA)