CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/001720/8845
Appeal No. CIC/SG/A/2010/001720
Relevant Facts
emerging from the Appeal:
Appellant : Mr. Pramod K. Khushwaha
331- B, Shipra Sun City, Indirapuram, Ghaziabad,
Uttar Pradesh- 201014
Mobile No. 9868358200
Respondent : Mr. D. K. Malhotra
Public Information Officer &
Assistant PF Commissioner
Ministry of Labour and Employment,
Government of India,
Regional Office, Delhi (South),
6th- 9th floor, 28, Community Centre,
Wazirpur Industrial Area,
New Delhi- 110052
RTI application filed on : 31/10/2009
PIO replied : 09/12/2009
First appeal filed on : 20/03/2010
First Appellate Authority order : No order has been passed
Second Appeal received on : 12/06/2010
Information Sought:
The Appellant had submitted a claim for settlement of PF and EPS dues from his PF account bearing
Account No. DL 6967/493 in 2005. In relation to the same, the Appellant has sought the following
clarifications:
1. Amount of the PF dues and EPS dues of the PF account DL 6967/493;
2. Mode and details of the settlement like cheque number, cheque date, bank name, bank’s branch
name and code, etc; and
3. Details of the transaction indicating encashment of the above instrument (cheque) along with the
date of encashment and the beneficiary account number, beneficiary name, bank name, branch
name, etc.
Reply of the Public Information Officer (PIO):
The claim of the Appellant has been settled with a sum of Rs. 18,786 and Rs. 456 vide cheque no. 824530
and 558227 dated 15/06/2005.
Grounds for the First Appeal:
Reply of PIO was found to be unsatisfactory and did not provide the complete information sought.
Order of the First Appellate Authority (FAA):
No order has been passed by the FAA.
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Grounds for the Second Appeal:
Reply of PIO was found to be unsatisfactory and no order has been passed by the FAA.
Relevant Facts emerging during Hearing:
The following were present:
Appellant: Mr. Pramod K. Khushwaha;
Respondent: Mr. Kundan Alok, APFC on behalf of Mr. D. K. Malhotra, Public Information Officer &
Assistant PF Commissioner;
The PIO has given the complete information and to substantiate the fact that the money has been
credited to the appellant’s account he has brought the photocopy of the cheques and this has a rubber
stamp of Canara Bank on 18/06/2005.
The RTI application was submitted on 31/10/2009 hence the reply should have been provided to the
appellant before 31/11/2009. Instead of which the information was provided to the appellant on
09/03/2010. The respondent was asked to explain the reasons for this delay. The respondent states that
there is a shortage of staffs to the extant of 30 to 40% and his office is shifting frequently because of
which his office cannot comply with the requirement of the RTI Act. The respondent also states that
infrastructure is inadequate and hence they cannot deliver the required services to citizens. This is a very
serious matter since it means that this public authority is claiming that it is incapable of following the law
laid down by the Parliament. The Commission takes a very dim view of public authorities who claim that
they do not have the capability of following the laws of the land. The Commission directs the Central
Provident Fund Commissioner, EPFO, Ministry of Labour and Employment, 14, Bhikaji Kama Place,
New Delhi – 110066 to give a report to the Commission whether the public authority claims that it does
not have the capability of fulfilling the requirements of the Right to Information Act. He is also directed to
give a report to the Commission of putting in place a system that would ensure that the requirements of
the RTI Act is met in totality.
Decision:
The Appeal is allowed.
The information has been provided to the appellant.
The Commission directs the Central Provident Fund Commissioner, EPFO to give
the report as mentioned above to the Commission before 30 August 2010.
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
05 August 2010
(In any correspondence on this decision, mention the complete decision number.)(ND)
CC;
To,
Central Provident Fund Commissioner,
EPFO
Ministry of Labour and Employment
14, Bhikaji Kama Place,
New Delhi – 110066
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