CENTRAL INFORMATION COMMISSION
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Decision No. CIC/SG/C/2010/001024/10807
Appeal No. CIC/SG/C/2010/001024
Relevant Facts
emerging from the Appeal:
Complainant : Mr. Saileswar Chakrbarti
Internal Control (MIC), Standard Chartered Bank,
1/288, Naktala,
Kolkata – 700047, West Bengal.
Respondent : Mr. K. K. Roy
Public Information Officer & APFC
Employee's Provident Fund Organisation
Regional Office, DK Block,
Sector- II, Salt Lake City,
Kolkata - 700091, West Bengal.
RTI application filed on : 04/01/2010
PIO replied : 12/02/2010
First appeal filed on : Not Appealed
Complaint filed on : 14/07/2010
Complaint was received on : 20/07/2010
Sl. Information Sought Reply of the PIO
1. Certified photocopy of my letter dated 21.07.2004 along with the file Asking appellant to pay additional
notes of your concerned officials who dealt with the said letter; charges of `.148 for providing
irrefutable evidences and the details of findings and logical conclusions information.
after investigations into violation of Bank P F Act Rules and Income
Tax Act Rules, Gross discrepancies, Frauds etc. in the Complaint.
2. Name and designation of each and every official who examined closely
and dealt with the said letter paragraph wise with enclosed documents,
marked Annexure A to H, and systematic action taken report thereon
with, supportive evidences.
3. Accurate and complete information and evidences in support of having
effective P F and Pension Fund management in SGB.
4. The certified copies of the minutes of all meetings your Enforcement
Officials had from time to time with the MIC and the HRD Officials of
Standard Chartered Bank.
5. Details of action initiated against the concerned officials who failed to
appropriately handle the matter with the SCB and the concerned
authorities and to reach to any logical conclusion of all the CORE
issues after scrutiny of fool proof enclosed evidences and all
representations with cogent reasoning of the Manager, Internal Control,
Kolkata.
6. The para wise and issue wise information with supportive documents.
7. The certified copies of the rules and procedures of dealing with letters
and complaints in the offices of Employees P F organization in
Kolkata,
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8. Name of the specific files where all the aforesaid information and
particulars are stored and how the same are available for inspection,
verification and taking certified copies thereof.
9. Whether the SCB had been allegedly underreporting its employment
strength and evading coverage membership and defaulting in monthly
deposit of statutory contributions and timely submissions of returns
under the EPE Act.
1 Name of the actually regulatory authorities of the Private and Foreign RPPC of the region is the regulatory
0. Banks with regard to the management of Provident Fund and Pension authority of private and foreign
Fund in India and their duties and responsibilities to this effect. banks if those are covered under the
EPF & MP Act, 1952.
1 Whether all the said banks under the control of the Union Ministry of The said banks if covered under the
1. Finance through the statutory regulatory and supervisory jurisdiction of EPF & MP Act, 1952 comes under
Reserve Bank of India, Employees P F Organization and the Income the control of EPPO.
Tax and other Authorities, come under “Other Authorities” under
Article 12 of the Constitution of India.
1 Details of the limit and area of jurisdiction of the Chief Income Tax The Jurisdiction of the Central PF
2. Commissioner and the Central Provident Fund Commissioner. Commissioner is all over India
except Jammu & Kashmir for
implementation of EPF & NP Act,
1952.
1 Whether it was the duty of the Chief Commissioner of Income Tax and No specific information has been
3. the. Central Provident Fund Commissioner to ensure that all the asked. Hence, under the RTI Act,
scheduled commercial banks manage the P F and Pension Funds as per 2005, reply could be provided.
law in their respective areas and to check illegal activities, corruptions
and unfair Management Practice
1 Name of the appropriate specific authorities for taking up the Respective RPFC-ln-charge having
4. grievances regarding alleged “PF, Pension and Income Tax gross Jurisdiction upon the establishment.
irregularities, improprieties, frauds, misrepresentation, suppression of
facts, criminal conspiracies and activities and flouting of your rules and
regulations.
Ground of the First Appeal:
Not appealed.
Ground of the Complaint:
Incomplete information received from the PIO.
Relevant Facts emerging during Hearing:
The following were present:
Complainant : Mr. Saileswar Chakrbarti on video conference from NIC-Kolkata Studio;
Respondent : Mr. K. K. Roy, Public Information Officer & APFC; Mr. S. K. Sinha and Mr. Subhash Sen Gupta
PIOs;
The Complaint has been given certain information by the PIO but the Complainant claims that some of the
information is deficient. The PIO has brought the complete file for the hearing at Kolkata NIC Studio. The
Commission directs the PIO to allow the Complainant to inspect the file. The Complainant will identify the
records for which he wants the photocopies. Both sides will make a note in which it would be mentioned how
many pages identified by the complainant and the respondent will send attested photocopies of the records
identified by the complainant before 15 January 2011.
Decision:
The Complaint is allowed.
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The PIO will give attested photocopies of records identified by the Complainant during the
inspection today to the Complainant before 15 January 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
06 January 2011
(For any further correspondence in this matter, please quote the file number mentioned above.) (GJ)
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