Central Information Commission Judgements

Mr.Parasaram Ganesh vs Employees Provident Fund … on 11 March, 2011

Central Information Commission
Mr.Parasaram Ganesh vs Employees Provident Fund … on 11 March, 2011
                          CENTRAL INFORMATION COMMISSION
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                                   Tel: +91-11-26161796

                                                                Decision No. CIC/SG/A/2010/002982/11430
                                                                        Appeal No. CIC/SG/A/2010/002982

Relevant Facts

emerging from the Appeal

Appellant : Mr. Parasaram Ganesh
SSA, EPFO, SRO Whitefield
KR Puram, Bangalore-36

Respondent : Mr. V. S. Ramesh
Asstt. P.F. Commissioner & PIO
Employees Provident Fund Organization
Regional Office,
13, Bhavishyanidhi Bhavan,
Rajarammohan Roy Road,
Bangalore-560025.

RTI application filed on              :      22/06/2010
PIO replied                           :      24/08/2010
First appeal filed on                 :      26/07/2010
First Appellate Authority order       :      Not ordered
Second Appeal received on             :      20/10/2010

Information sought:

(a). The formation of Departmental Promotion Committee with Chairman and number of Committee
members in it

(b) The No. of sittings authorized for of Departmental Promotion Committee with minimum and maximum
sittings to be conducted in a year with respect to rules/regulations if any.

(c) Whether the Departmental Promotion Committee sits as and when only the vacancy of post in the cadre
of SS/AO arises or forecast the future vacancies that can be filled up in a given time with a seniority list in
each cadre viz SS/AO.

(d) The last three dates of Departmental Promotion Committee sittings.

(e) The number of individuals in the cadre of SS/AO whose adhoc promotions are yet to be regularized as
on 21 Jun 2010. The reasons for not regularizing them and the officials responsible for such delay.

(f) What is the minimum and maximum periodicity of adhoc promotion each individual can hold in the EPF
Organisation?

(g) Departmental Promotion Committee sits simultaneously prepare seniority list for SSA to SS and SS to
AO or sits separately to prepare seniority list for SSA to SS and SS to AO.

(h) Departmental Promotion Committee sits simultaneously to authorize promotions from SSA to SS and SS
to AO or sits separately to authorize promotions from SSA to SS and SS to AO.

(i) Rules/regulations in which whether regular promotions can be authorized directly with out regularizing
the previous adhoc promotions that are pending.

j) Relevant rules/regulations if any for not regularizing the adhoc promotions from the date of adhoc
promotion date itself instead authorizing the adhoc promotions from the date of Departmental Promotion
Committee meeting/sitting date.

meeting/sitting

(i) What is the latest shortage of SS and AO of Karnataka State with respect to existing work norms? What
was the shortage of SS and AO on last three sittings of Departmental Promotion Committee and its
recommendation upon it with a increase in percentage.
Reply of CPIO:

“It is to inform that the information sought by you is kept under fiduciary capacity and personal in nature,
the disclosure of which has no relationship to any public activity or interest and hence cannot be supplied.
Your request is therefore rejected under 8(1)(e) and (j) of the RTI act 2005.”

First Appeal:

Unsatisfactory response received from the PIO.

Order of the FAA:

Not ordered.

Ground of the Second Appeal:

Unsatisfactory response received from the PIO and no action taken by FAA.

Relevant Facts emerging during Hearing:

The following were present:

Appellant : Mr. Parasaram Ganesh on video conference from NIC-Bangalore Studio;
Respondent : Mr. V. S. Ramesh, Asstt. P.F. Commissioner & PIO from NIC-Bangalore Studio;

The PIO states that the FAA had ordered the information to be provided on 12/10/2010. The PIO
states that he has provided the information to the Appellant by registered post on 22/10/2010. However the
Appellant states he has not received it. The PIO has brought a copy of all the information with him which
has been seen by the Appellant. The PIO is handing over the information to the Appellant at the NIC studio
and the Appellant confirms having received it. The Appellant has certain issues by which he claims that the
information given to him shows that the department is not acting as per certain norms and circulars. For this
the Appellant would have to approach an appropriate forum.

Decision:

The Appeal is disposed.

The information has been provided.

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
11 March 2011
(In any correspondence on this decision, mention the complete decision number.)(AK)