CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/DS/C/2010/000039/SG/9197
Complaint No. CIC/DS/C/2010/000039/SG
Complainant : Mr. Om Prakash Verma
E-5, Murlipura Skim, Sonibhawan
Seekar Road, Jaipur 302013
Respondent : Public Information Officer
Employee Provident Fund Organisation,
Regional Office, Nidhi Bhawan,
A 2 C, Sector 24, Gautam Budh Nagar,
Noida (U.P.)
Facts
arising from the Complaint:
Mr. Om Prakash Verma had filed a RTI application with the PIO, EPFO, Noida
on 24/08/2009. 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, EPFO, Noida on
31/05/2010 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 for not supplying the
information to the Complainant. However, the Commission has received a letter dated
20/07/2010 from the Complainant wherein he has alleged that information provided is
unsatisfactory. The Complainant has enclosed a copy of PIO’s letter dated 23/06/2010
vide which the PIO states that information has been provided already vide a letter dated
25/01/2010. On perusal of the information it has been observed that information provided
is not in regard to what was sought in the RTI Application dated 24/08/2009.No specific
query of the RTI Application has been addressed. The PIO should have given a point-
wise reply to the queries as sought in the RTI Application.
Decision:
The Complaint is allowed.
In view of the aforesaid the PIO is directed to provide complete and correct
information point-wise in regard to the RTI Application dated 24/08/2009 to the
Complainant before 20/09/2010 with a copy to the Commission. From the facts before
the Commission, it appears that you have 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 is hereby directed to present himself before the Commission on
18/10/2010 at 03.00 pm 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 are responsible for this delay in providing the information, and may direct
them to be present before the Commission along with the PIO 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
01 September 2010
(In any correspondence on this decision, mention the complete decision number.)(SP)