Central Information Commission Judgements

Mr.Paritosh Kumar vs Employees Provident Fund … on 16 May, 2011

Central Information Commission
Mr.Paritosh Kumar vs Employees Provident Fund … on 16 May, 2011
                      CENTRAL INFORMATION COMMISSION
                          Club Building (Near Post Office)
                        Old JNU Campus, New Delhi - 110067
                               Tel: +91-11-26161796

                                                        Decision No. CIC/SG/A/2011/000306/12404
                                                                Appeal No. CIC/SG/A/2011/000306

Relevant Facts

emerging from the Appeal

Appellant : Mr. Paritosh Kumar
Flat No. 203, Block B,
Aditya Vikash Complex,
Budha Marg, Patna – 800001

Respondent : Mr. Amar Kant
Public Information Officer & Sr. SSA,
Employers’ Provident Fund Organsation,
Bhagirathi Complex, Near Circuit House,
Karamtoli, Ranchi, (Jharkhand) – 834001

RTI application filed on : 11/09/2010
PIO replied : 08/10/2010
First appeal filed on : 21/10/2010
First Appellate Authority order : Not on record
Second Appeal received on : 31/01/2011

Information Sought:

The present RTI application consists of 8 issues pertaining to the:

1. Copies of order of work distribution among APFC at 80 Jharkhand for period 2005 to 2009.

2. Copies of order sheet for 74 proceeding in respect of JH/1 154 for all proceeding during 2005
to 2010.

3. Copies of EQ reports and department submission during the 74 proceeding in respect of
JH/1154.

4. Copies of submission/records made/submitted by the establishment during the 7A proceeding
in respect of JH/1154.

5. How many cases the department had gone in appeal against any order passed in 7A proceeding
by an APFC/RPFC in last 10 years Please list them.

6. How many 7A/7B proceeding conducted in respect of MH/115064 MIS Dev Prabhat
Infrastructure In period 2000 to 2010? Please supply orders of all proceedings.

7. Please supply copies of all EO’S report in respect of above establishment from date of
coverage to date.

8. Copy of personal file maintained at HO in respect of Paritosh Kumar APFC 99 batch Please
supply copies of noting side as well as correspondence side.

9. Copies of various High Court /Supreme Court orders regarding membership as recorded in
para 3 of memorandum no. EPFO/ACC/KZJVIG/122(JPG)/2908(II) dated 10.06.2009.

Reply of the Public Information Officer’s (PIO):
Point-wise information has been provided to the Appellant.

Ground for First Appeal:

No information supplied to the appellant.

Order of the First Appellate Authority (FAA):
Not on Record.

Ground of the Second Appeal:

Complete information with respect to queries 5, 6, 7 & 8 has not been supplied.

Relevant Facts emerging during Hearing:

The following were present
Appellant: Mr. Paritosh Kumar on video conference from NIC-Patna Studio;
Respondent: Mr. Amar Kant, Public Information Officer & Sr. SSA on video conference from NIC-

Ranchi Studio;

The PIO has provided various information but has not provided information on queries 6, 7 &

8. The PIO states that the information related to queries 6 & 7 would be available in Maharashtra. The
PIO is directed to transfer query-6 & 7 to the PIO at Bandra who will obtain the information under
Section-5(4) and send it to the Appellant before 15 June 2011.

As regards query-8 the PIO is directed to transfer query-8 to the PIO(HQ), who must provide the
information sought by the Appellant at query-8 before 15 June 2011.

Decision:

The Appeal is allowed.

The PIO is directed to transfer queries 6 & 7 of the RTI application alongwith a
copy of this order to PIO Bandra, who will obtain the information under Section-5(4) if
necessary and provide it to the Appellant before 15 June 2011.

The PIO is also directed to transfer query-8 of the RTI application alongwith a copy of
this order to PIO(HQ), who will provide the information to the Appellant before 15
June 2011.

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
16 May 2011
(In any correspondence on this decision, mention the complete decision number.) (SK)