CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/001552/13427
Complaint No. CIC/SG/C/2010/001552
Relevant Facts
emerging from the Complaint:
Complainant : Mr. Paritosh Kumar,
203 B, Aditya Vikash Complex,
Budha Margh, Patna- 800001
Respondent : Mr. T. K. Dass
Public Information Officer & APFC
Employees Provident Fund Organisation,
Zonal Office, Kolkata
DK Block, Sector II, Salt Lake City
Kolkata 700091
RTI application filed on : 21/09/2010
PIO replied : 14/10/2011
Complaint received on : 22/12/2010
Information sought:-
The appellant wants the following information:-
1. After issuance of OM No F. 19024/2009.E IV dated 13/07/2009 of department of expenditure
Ministry of Finance Govt. of India, whether any official of RO Jalpaiguri has travelled by private
airlines? Please state name, designation, date of journey, flight no, airlines name, cost of fare and
authority permitting him/ her to travel by an airline other than national career may be furnished.
2. On account of such journey, whether the cost of journey has been borne by EPFO? If yes, please
furnish details of authority and provision under which such expenditure was approved and
reimbursed.
3. Copies of file noting in respect of above. The copies of bills along with observation and approval
of all concerned.
4. Please furnish office wise no of a scams with amount involved in respect of pensionary benefits
under FPS 71 and EPS 95.
5. Guidelines/ circular issued and other preventive measures taken by EPFO to check this menace as
pt no 4 and positive effects of these measures.
6. Please furnish office wise no of scams with amount involved in respect of working of Cash
section.
7. Guidelines/ circulars issued and other preventive measures taken by EPFO to check this menace as
pt no 6 and positive effects if any of these measures.
8. Which authority has power to transfer Hindi translator Gr 1 and Hindi Translator Gr II? Please
provide copies of relevant circulars.
9. What is policy of leased accommodation for officer residence in EPFO?
10. Whether leased accommodation is allowed when quarter of entitled class is available?
11. For an officer having grade pay of 6600, what is the entitled type of staff quarter in EPFO? Please
provide the copies of relevant rules.
12. Please supply copies of all correspondence made Zonal office, Kolkata in respect of Paritosh
Kumar APFC in the year 2010 with different offices.
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13. How many misconduct by officials posted in Jalpaiguri, in first 9months of 2010? What action
taken on them?
14. Please supply copies of all correspondence made by Regional Office Jalpaiguri in respect of
Paritosh Kumar APFC in the year 2010 with different offices.
15. Please supply copies of policy vide which it is determined to which officer would be given
sensitive or non sensitive post.
16. Please supply copies of all circulars which are presently inforce in EPFO but are not available on
official website of EPFO.
Ground of the Complaint:
Information not provided by PIO.
Reply from PIO:-
The PIO replied that the information sought by the applicant is exempted under section 8 of RTI Act,
2005.
Submissions received from the Complainant:
1. The Complainant, Mr. Paritosh Kumar vide letter dated 22/12/2010 submitted before the
commission that the CPIO has denied the information seeking section 8 in a summary manner
without giving elaboration of sub- section of Section 8 or giving any reason for claiming such as
exemption.
Relevant Facts emerging during Hearing:
The following were present
Complainant: Mr. Paritosh Kumar;
Respondent : Mr. T. K. Dass, Public Information Officer & APFC;
The PIO had denied the information claiming exemption under Section-8. The PIO has not pointed
out any of the subsections of the Section 8 of the RTI Act nor given any reasoning for denying the
information. As per Section 19(5) of the RTI Act the onus to prove that the denial of information was
justified is on the PIO. No justification has been offered initially or during the hearing. The Complainant
states that he has received some of the information and now wants information relating to queries 4, 5, 6,
7, 10 & 16.
The PIO states that the person responsible for denying the information was the then PIO Mr. M. M. Dass.
Decision:
The complaint is allowed.
The present PIO Mr. T. K. Dass is directed to provide the information as directed
above to the Complainant before 05 August 2011.
The issue before the Commission is of not supplying the complete, required information by the then
PIO Mr. M. M. Dass within 30 days as required by the law.
From the facts before the Commission it appears that the Mr. M. M. Dass is guilty of not furnishing
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. He has further refused to obey the orders of his superior officer,
which raises a reasonable doubt that the denial of information may also be malafide. The First Appellate
Authority has clearly ordered the information to be given.
It appears that the PIO’s actions attract the penal provisions of Section 20 (1). A showcause notice is
being issued to him, and he is directed give his reasons to the Commission to show cause why penalty
should not be levied on him.
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Mr. M. M. Dass the then PIO will present himself before the Commission at the above address on
09 August 2011 at 02.30pm alongwith his written submissions showing cause why penalty should not be
imposed on him as mandated under Section 20 (1). He will also submit proof of having given the
information to the appellant.
If there are other persons responsible for the delay in providing the information to the Appellant the
PIO is directed to inform such persons of the show cause hearing and direct them to appear before the
Commission with him.
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
13 July 2011
(In any correspondence on this decision, mention the complete decision number.) (SD)
Copy through Mr. T. K. Dass present PIO & APFC to:
1- Mr. M. M. Dass
The then PIO
Employees Provident Fund Organisation,
Zonal Office, Kolkata
DK Block, Sector II, Salt Lake City
Kolkata 700091
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