CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/DS/C/2010/000246/SG/9192
Complaint No. CIC/DS/C/2010/000246/SG
Complainant : Mr. Praveen Arora
H. No. G-60, School cum Canal Area,
Nilkheri, Karnal, Haryana
Respondent : The Public Information Officer,
Employees Provident Fund Organization,
Sub Regional Office, Bhavishya Nidhi Bhawan
SRO, Plot No.43, Sector 44,
Institutional Area, Gurgaon- 122002
Facts
arising from the Complaint:
Mr. Awadh Kishore Singh had filed a RTI application with the PIO, EPFO, Regional Office,
Gurgaon on 24/07/2009 asking for certain information. Subsequently the RTI Application was
forwarded to the Regional PF Commissioner, Regional Office, Gurgaon vide a letter dated
30/09/2009 of the Regional PF Commissioner-II, EPFO, Regional Office, Faridabad, Haryana.
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, Sub-Regional Office, Gurgaon 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 received a letter dated 23/06/2010 of the CPIO, EPFO, Regional Office,
Gurgaon wherein information provided to the Complainant has been stated. Copy of a letter dated
18/06/2010 vide which such information has been provided to the Complainant was also enclosed.
However, the PIO has given no explanation for the delay in providing the information to the
Complainant. There appears to be a delay of above 200 days in responding to the RTI Application.
Decision:
The Complaint is allowed.
The issue before the Commission is of not supplying the complete, required information by
the PIO within 30 days as required by the law.
From the facts before the Commission it is apparent that the PIO 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. It appears that the PIO’s actions attract the penal
provisions and disciplinary action of Section 20 (1) and (2) of the RTI Act.
The PIO is hereby directed to present himself before the Commission on 18/10/2010 at 3:30
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
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providing the information, and direct them to be present before the Commission along with the PIO
on the aforesaid scheduled date and time. The PIO should also bring along proof of seeking
assistance from other person(s), if any.
Notice of this decision be given free of cost to the parties.
Shailesh Gandhi
Information Commissioner
01/09/2010
(In any correspondence on this decision, mention the complete decision number.)(SP)
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