CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000819/9113
Complaint No. CIC/SG/C/2010/000819
Complainant : Mr. Laxman Tiwari
R/o 3B-151, Awas Vikas
Hanspuram, Naubasta
Kanpur- 208021
Uttar Pradesh
Respondent : 1) PIO & Section Officer
Employess Provident Fund Organization
Ministry of Labour & Employment
Govt. of India, Corporate HQ
Bhavishya Nidhi Bhawan,
14, Bhikaji Cama Place, New Delhi-66
2) PIO & Regional P.F. Commissioner
Sub Regional Office
Bandra
Facts
arising from the Complaint:
Mr. Laxman Tiwari filed a RTI application with the PIO & PF Commissioner, Bhikaji Cama
Place, on 22/02/2010. 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 & P.F. Commissioner, RPFC, Ministry of Labour, 14, Bhikaji
Cama Place on 25/06/2010 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 copy of letter dated 06/07/2010 from the PIO & Section Officer,
EPFO, Ministry of Labour & Employment, Bhavishya Nidhi Bhawan, which comprised a transfer of the
RTI Application dated 22/02/2010 to the CPIO & Regional PF Commissioner, Sub Regional Office,
Bandra.
The Commission observes that there has been a delay on the part of the PIO & Section Officer,
EPFO, Ministry of Labour & Employment, in forwarding the RTI Application dated 22/02/2010 to the
concerned public authority. There appears to be a delay of over 104 days in forwarding the RTI
Application. Further the Commission also observes that no information has been provided to the
Complainant by the CPIO & Regional PF Commissioner, Sub Regional Office, Bandra, till date.
Decision:
The Complaint is allowed.
In view of the aforesaid, the CPIO & Regional PF Commissioner, Sub Regional Office, Bandra
is hereby directed to provide the information to the Complainant before 25/09/2010 with a copy to the
Commission. From the facts before the Commission, it appears that the PIO is guilty of not furnishing
the complete 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 PIO’s actions attract the penal
provisions and disciplinary action of Section 20 (1) and (2) of the RTI Act.
Further, it is noted that the PIO & Section Officer, EPFO, Ministry of Labour & Employment,
appears to be guilty of not forwarding the RTI Application to the concerned authorities within the time
stipulated under the RTI Act, 2005.
The PIO & Section Officer, EPFO, Ministry of Labour & Employment and the CPIO & Regional
PF Commissioner, Sub Regional Office, Bandra, are hereby directed to present themselves before the
Commission on 07/10/2010 at 10:30 am along with his written submissions to show cause why penalty
should not be imposed and disciplinary action be recommended against them under Section 20 (1) and
(2) of the RTI Act. Further, the PIOs 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
them 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
30/08/2010
(In any correspondence on this decision, mention the complete decision number.)(JA)