CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/C/2010/000925/9245Adjunct
Complaint No. CIC/SG/C/2010/000925
Complainant : Mr. Prashottam Kumar
R/o 89, Hauz Rani, Malviya Nagar
New Delhi - 110017
Respondent : Ms. Kanta Behl, PIO & APFC,
(Through CPIO & Regional PF Commissioner)
Employees' Provident Fund Organization
(South Zone), Bhavishya Nidhi Bhawan,
28, Wazirpur, Delhi
Events Chronologically:
• RTI Application - 08/12/2009
• No information provided by the PIO
• Complaint - 27/01/2010
• Notice - 15/07/2010
- Information to be provided
to the Complainant before - 09/08/2010
- Copy of information &
PIO's explanation to be sent
to the Commission before - 19/08/2010
• Response of the PIO
to the Notice - NIL
Facts
arising from the Complaint:
Mr. Prashottam Kumar had filed a RTI application with the PIO, EPFO, Bhavishya
Nidhi bhawan, 28, Wazirpur Industrial Area, Delhi, on 08/12/2009 asking for certain
information. 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 & Regional PF Commissioner, Provident
Fund Organization (South Zone), Bhavishya Nidhi Bhawan, 28 Wazirpur, Delhi, on
15/07/2010 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 has neither received a copy of the information sent to the
Complainant, nor has it received any explanation from the PIO & Regional PF Commissioner,
Provident Fund Organization (South Zone), Bhavishya Nidhi Bhawan, for not supplying the
information to the Complainant. Therefore, the only presumption that can be made is that the
PIO has deliberately and without any reasonable cause refused to give information as per the
provisions of the RTI Act. Failure on the part of the PIO to respond to the Commission’s notice
shows that there is no reasonable cause for the refusal of information.
Decision dated September 6, 2010:
The Complaint was allowed.
“In view of the aforesaid, the PIO & Regional PF Commissioner, Provident Fund
Organization (South Zone), Bhavishya Nidhi Bhawan, is hereby directed to provide the
complete information in regard to the RTI Application dated 08/12/2009 to the Complainant
before 27/09/2010 with a copy to the Commission. From the facts before the Commission, it
appears that you have not provided the correct and complete information within the mandated
time and has failed to comply with the provisions of the RTI Act. The delay and inaction on the
PIO’s part in providing the information amounts to willful disobedience of the Commission’s
direction as well and also raises a reasonable doubt that the denial of information may be
malafide.
The PIO & Regional PF Commissioner, Provident Fund Organization (South Zone),
Bhavishya Nidhi Bhawan, 28, Wazirpur, Delhi, is hereby directed to present himself before the
Commission on 20/10/2010 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 is responsible for this delay in providing the information, and may direct them to be
present before the Commission along with the PIO on the aforesaid scheduled date and time. If
the information has already been supplied to the complainant, bring a copy of the same to the
Commission with your written submissions, and also proof of seeking assistance from other
person(s), if any.”
Relevant facts emerging at the show cause hearing held on October 20, 2010:
The following were present:
Complainant: Mr. Mangtu Ram on behalf of Complainant;
Respondent: Ms. Kanta Behl, PIO & APFC.
The RTI application dated 08/12/2009 was received at the office of EPFO, Delhi (South) on
29/12/2009. A reply was sent to the Complainant on 01/02/2010 wherein it was stated that the
establishment in relation to which the RTI application was filed was closed down with effect
from 01/07/1999. Thereafter, the Complainant filed a First Appeal on 04/03/2010 alleging that
the information provided to him vide letter dated 01/02/2010 was in relation to one “Walsons
Security Services” whereas he had sought information in relation to “Walsons Services Private
Limited”. On being satisfied with the submissions of the Complainant, the requisite
information was provided by letter dated 12/03/2010.
On perusal of the RTI application dated 08/12/2009, the Commission noted that information
has been sought only in points 1, 5, 6 and 7 of the said application. As per letter dated
12/03/2010, it appears that complete information was provided only in respect of points 5 and
6 of the RTI application dated 08/12/2009. The Commission observed that information
provided in relation to points 1 and 7 is not satisfactory. Therefore, the PIO & APFC is
required to furnish the complete information in relation to points 1 and 7 of the RTI application
dated 08/12/2009, which are as follows:
Point 1: Provide month- wise details of the amounts which have been deposited on behalf of
the Complainant from April 2008 till date; and
Point 7: Provide details of the amounts deposited along with the dates on which such deposits
were made by Walsons Services Private Limited.
Adjunct Decision:
The Commission hereby directs Ms. Kanta Behl, PIO & APFC to provide the complete
information in relation to Points 1 and 7, as described above, to the Complainant before
November 15, 2010, with a copy to the Commission.
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
October 20,
2010
(In any correspondence on this decision, mention the complete decision number.)(JA)