CENTRAL INFORMATION COMMISSION
Room No.296, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
Telefax:011-26180532 & 011-26107254 website:cic.gov.in
Appeal: No. CIC/DS/C/2010/000129
Appellant : Mr. M.P.Srivastava, PATNA
Public Authority : EMPLYEES PROVIDENT FUND
ORGANISATION, Mumbai-400051 (through
Shri V.R.
Kamalcha, CPIO) - through video conference at
NIC, Mumbai.
Date of Hearing : 22.03.2010
Date of Decision : 22.03.2010
Facts
:-
1. The appellant vide his RTI request of 4.3.2009 sought information from the CPIO,
Regional Office, Mumbai through 17 questions on the efficient and transparent
functioning of the office and the implementation of the EPF&MP Act, 1952 – Annexure-
A enclosed herewith. Vide his order of 14.5.2009 the CPIO informed that the
information sought have been provided vide letter of 5.5.2009 and also that for
information sought under Point 11 the RTI application was forwarded to the West Zone,
Mumbai who now have informed that they have not received the letter. Accordingly the
CPIO asked the appellant to forward another copy to ACC(WZ), Mumbai.
2. Being dissatisfied, the appellant preferred first appeal before the First Appellate
Authority on 3.8.2009. The First Appellate Authority vide order of 4.9.2009 ordered the
CPIO to provide additional information to the appellant which was obtained from
different sources and forwarded to the appellant on 27.10.2009.
3. Being aggrieved the appellant has preferred second appeal before the Commission. The
matter was heard today. Appellant was present, respondent appeared before the
Commission.
4. The appellant stated that he was satisfied only with the information received in respect of
points 3,5,7,8,10,12,13,14 & 17. He however submitted that the CPIO had delayed
considerably in providing the information to him and should therefore he awarded
penalty as provided under section 20 of the RTI Act.
Decision
5. Taking into account the submission of the appellant and after perusing the facts on
record, it is directed as follows :-
Point 1 & 16 : The respondent may provide details pertaining to total number of
proceedings initiated against defaulting establishments under the provisions of the EPF
Act and MP Act, 1952.
Point : 2 Information regarding number of cases not concluded within the appeal
period of 6 months as required under the existing rules along with other details sought by
the appellant under this point may be provided.
Point 4 & 6 The respondent may also provide details of defaulting establishments
against whom no penal action have been taken as on 31.12.2008 along with amounts due
from them and the action taken against erring officers.
Point 9 Respondent may also provide information as sought under point 9 i.e.,
finalizing action under the scheme by issuing annual slip to subscriber and claims of
outgoings to subscribers to be settled within 30 days.
Point 11 Information to be provided by CPIO West Zone directly to the appellant, in
case appellant has approached them with a copy of his RTI application.
Point 15 This point pertains to action under Section 4 of the RTI Act on a
suo-moto basis by public authority. The respondent may also while providing
information to the appellant place the same on their website. It will be recalled that the
Right to Information Act, 2005 in its preamble states as follows :-
“AND WHEREAS democracy requires an informed citizenry and transparency of
information which are vital to its functioning and also to contain corruption and to
hold Governments and their instrumentalities accountable to the governed.”
6. The above decisions have been pronounced keeping in mind this guiding principal.
Information to be provided as per above decision within 8 weeks of receipt of this order.
(Smt. Deepak Sandhu)
Information Commissioner (DS)
Authenticated true copy
(Tarun Kumar)
Joint Secty. & Addl. Registrar
Copy to :-
1. Mr. M.P.Srivastava
Uarmila Bhawan
Road No. 14-A, East Ashok Nagar
Kankarbagh, PATNA-800020.
2. The CPIO,
EMPLYEES PROVIDENT FUND ORGANISATION
Regional Office Mumbai-I
341-Bhavishaya Nidhi Bhawan,
Bandra (East), Mumbai-400051
3. The Appellate Authority
EMPLYEES PROVIDENT FUND ORGANISATION
Regional Office Mumbai-I
341-Bhavishaya Nidhi Bhawan,
Bandra (East), Mumbai-400051