Central Information Commission Judgements

Mr.Hukum Singh Chauhan vs Employees Provident Fund … on 15 April, 2011

Central Information Commission
Mr.Hukum Singh Chauhan vs Employees Provident Fund … on 15 April, 2011
                          CENTRAL INFORMATION COMMISSION
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                                                                  Decision No. CIC/SG/A/2011/000107/12004
                                                                          Appeal No. CIC/SG/A/2011/000107
Relevant Facts

emerging from the Appeal:

Appellant                              : Mr. Hukum Singh Chauhan,
                                         9, Narmada Enclave, GMS Road,
                                         Near Amardeep Gas,
                                         Dehradun - 248001

Respondent                             : Mr. R. C. Bhasin
                                         PIO & Asst. PF Commissioner,
                                         Employees Provident Fund Organisation
                                         Plot no-23, Sector-23, Dwarka,
                                         New Delhi

RTI application filed on               : 16/01/2010
PIO replied                            : 20/12/2010
First appeal filed on                  : 18/08/2010
First Appellate Authority order        : 09/12/2010
Second Appeal received on              : 11/01/2011

S.No.           Information sought by the appellant                       Reply of the PIO as on 20/12/2010
1.    Whether EPF & EPS accumulations of the appellant             No, the PF accumulations have not been
      have already been transferred out to RPFC, Haldwani as       transferred to RPFC, Haldwani, so far.
      requested by him?
2.    If yes, then details of amount, cheque no. and date to be    The amount is yet to be transferred.
      provided.
3.    If not, then reasons for delay/holding the transfer to be    This office has not received Fno. 13 as stated in
      given.                                                       the application that was forwarded by the

applicant’s employer. Applicant was advised to
forward F.no. 13 for necessary action.

First Appeal:

Information not provided.

Order of the FAA:

RTI application had not been received in the concerned office. Photocopy of the application with the
appeal was forwarded to the concerned CPIO to supply information within 3 days.

Ground of the Second Appeal:

Inordinate delay in supply of information.

Relevant Facts emerging during Hearing:

The following were present
Appellant : Absent;

Respondent : Mr. Ali Roshan, APFC on behalf of Mr. R. C. Bhasin, PIO & Asst. PF Commissioner;

The Appellant has written to the Commission that 08 letters including registered post were
dispatched to EPFO office giving the form no.13. The appellant claims that his employer has forwarded
the form-13 vide their letter of 12/11/2009. The Appellant has not given any proof or evidence to support
his claim that 08 letters have been sent to EPFO with form-13. The Respondent states that since the form-
13 is not on the records further actions cannot be taken. The Appellant has sent a copy of the form-13
which employer had supposedly sent on 13/11/2009. The Commission is giving a copy of this to the
respondent who states that the department will be able to work with this and that before 10 May 2011
further action will be taken on this.

Decision:

The Appeal is allowed.

The PIO is directed to inform the Appellant about the further action taken as sought
by him in his RTI application before 10 May 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
15 April 2011
(In any correspondence on this decision, mention the complete decision number.) (AP)