CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26161796
Decision No. CIC/DS/C/2010/000017/SG/10693
Complaint No. CIC/DS/C/2010/000017/SG
Relevant Facts
emerging from the Complaint:
Complainant : Mr. Gopal Garg
Sector-10/b-18/301
Shanti Nagar, Meera Road (East),
Mumbai-401107
Respondent : Mr. M. B. Adurkar
Public Information Officer & RPFC-II
Employees Provident Fund Organization
Regional Office,
Bhavishya Nidhi Bahwan,
Kandivali (West), Mumbai – 67
RTI application filed on : 13/04/2009
PIO replied : 11/06/2010
First Appeal filed on : 20/05/2009
Complaint received on : 29/11/2010
Hearing Notice Issued on : 07/12/2010
Hearing Held On : 29/12/2010
Information sought:
1) Questioner alongwith enclosures.
2) EO’s report and action report on it.
3) Code draft letter.
4) Form no.09.
5) Form 3-A and 6-A from 1989/90 to 1997/98 alongwith recommendations.
Reply of PIO:
1. Questionnaire and action taken report is not available.
2. Copy of code draft in r/o Cona Industries bearing PF code no. MH/41981 dated 08/07/1996 issued
by RO Mumbai-I.
3. Copy of Form-9.
4. Inspection report dated 23/06/1999 submitted by squad of Eos comprising Shri D. K. Kadam and
Shri N. S. Margaj.
5- Form 3A/6A can not be made available as they are very old and beyond retention period.
Grounds for First Appeal:
Non receipt of information from the PIO even after expiry of stipulated time.
Ground for the Complaint:
Non receipt of information from the PIO even after expiry of stipulated time.
Relevant Facts emerging during Hearing:
The following were present
Complainant: Mr. Gopal Garg on video conference from NIC-Mumbai Studio;
Respondent: Mr. M. B. Adurkar, PIO & RPFC-II and Mrs. M. A. Joshi, SSA on video conference from
NIC-Mumbai Studio;
The information has been provided very late to the Complainant and the Complainant states that
some of the information is not complete. In view of this it is felt that the Complainant would be able to get
the information which he wants if he inspects the records. The Complainant would like to inspect the
records on 03 January 2011 at the office of Regional Commissioner at Kandivali from 02.00PM onwards.
The Commission asked the PIO Mr. Adurkar to identify the officer responsible for the delay in providing
the information. He states that he has sent a letter to the Commission on 23/12/2010 but it is not on the
file. The Commission also questioned Mrs. M. A. Joshi whom the PIO named as the person whose
assistance has been sought under Section 5(4) of the RTI Act. The Commission realizes that the versions
of Mrs. Joshi and Mr. Adurkar are at variance with each other. The Complainant states that he had
submitted the RTI application by courier which has been received at the office of the Authority on
14/04/2009. Hence the Commission is directing Mr. S. C. Goel, PF Commissioner to inquire about the
people responsible for the delay and send a report to the Commission identifying the persons responsible
for the delay and the number of days for which they were responsible. Mr. Goel is directed to send this
report to the Commission before 15 January 2011 after which the Commission will issue showcause
notices to those who are responsible for the delay.
Decision:
The Complaint is allowed.
The PIO is directed to facilitate an inspection of the records by the Complainant on
03 January 2011 from 02.00PM onwards. The PIO will provide attested photocopies of
records which the Complainant wants free of cost upto 200 pages.
The Commission also directs Mr. S. C. Goel, PF Commissioner to send the report
identifying the names of the responsible persons as directed above to the Commission
before 15 January 2011.
This decision is announced in open chamber.
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.
Shailesh Gandhi
Information Commissioner
29 December 2010
(In any correspondence on this decision, mention the complete decision number.) (GJ)
CC:
To,
Mr. S. C. Goel
PF Commissioner
Employees Provident Fund Organization
Regional Office,
Bhavishya Nidhi Bahwan,
Kandivali (West), Mumbai – 67
