CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26161796
Decision No. CIC/SG/A/2010/002333/10223
Appeal No. CIC/SG/A/2010/002333
Relevant Facts
emerging from the Appeal:
Appellant : Ms. Manjul Tyagi
W/O Late Sh. O.P Tyagi
474/3,Shastri Nagar,
Merrut city
Respondent : Mr. Umesh Kumar
Public Information Officer & Assistant PF Commissioner
Regional Provident Fund Commissioner
Nidhi Bhawan, Jagruti Vihar, Sector-5
Merrut-250 006
RTI application filed on : 26/02/2010
PIO replied : 29/03/2010
First appeal filed on : 07/04/2010
First Appellate Authority order : Not ordered
Second Appeal received on : 18/08/2010
Sl. Information Sought Reply of the PIO
1. Rate of family pension to the appellant and to appellants The information cannot be given
daughter(under P.P.O 1667 dated 22/5/97) and the amount due as because of technical problem in the
D.A with the time period of due D.A(Certified copy of the computer. Procedure to credit the
information required). amount would be facilitated as
2. According to the rate of pension and the due D.A amount, the Date soon as remarks from concerned
and amount credited in appellant and his daughter’s PNB’s account bank’s enforcement officer are
(Saket Branch,Merrut) along with the certified details. received.
First Appeal:
Information not received from the PIO.
Order of the FAA:
Not ordered.
Ground of the Second Appeal:
Incomplete and unsatisfied information received from the PIO and no reply received from FAA .
Relevant Facts emerging during Hearing:
The following were present
Appellant : Ms. Manjul Tyagi;
Respondent : Mr. R. K. Tyagi, Accounts Officer on behalf of Mr. Umesh Kumar, PIO & APFC;
The Appellant had sought information about the amount of family pension due to her and when
this would be credited to her bank account. The PIO has replied that because of the technical problem the
information could not be provided. The Respondent claims that they could not locate the file on the
computer. This is an absurd claim and if the Public Authority is not in a position to tell a person at the rate
at which the EPF pension is being given it indicates that the Public Authority has not understanding or
control of the money to be paid. The information on the rate has been brought by the Respondent and it is
claimed that it has been send by speed post on 26/11/2010.
The Respondent is directed to give the exact amount deposited in the account of the Appellant during the
period May 2009 to September 2010 to the Appellant.
The Respondent states that the PIO had sought the Assistance of Mr. Umesh Gupta, APFC Pensions under
Section 5(4) of the RTI Act to provide the information on 03/03/2010. Thus Mr. Umesh Gupta was the
deemed PIO as per Section 5(5) of the RTI Act.
Decision:
The Appeal is allowed.
The PIO is directed to give the exact amount deposited in the account of the
Appellant during the period May 2009 to September 2010 to the Appellant before
15 December 2010 mentioning the dates and amounts of each deposit during these period.
The issue before the Commission is of not supplying the complete, required information by the
deemed PIO Mr. Umesh Gupta, APFC Pensions within 30 days as required by the law.
From the facts before the Commission it is apparent that the deemed 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 deemed PIO’s actions attract the penal provisions of Section 20 (1). A showcause
notice is being issued to him, and he is directed give his reasons to the Commission to show cause why
penalty should not be levied on him.
Mr. Umesh Gupta, APFC Pensions will present himself before the Commission at the above address on 03
January 2011 at 10.30am alongwith his written submissions showing cause why penalty should not be
imposed on him as mandated under Section 20 (1).
If there are other persons responsible for the delay in providing the information to the Appellant the
PIO is directed to inform such persons of the show cause hearing and direct them to appear before the
Commission with him.
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
30 November 2010
(In any correspondence on this decision, mention the complete decision number.)(rlm)
CC:
To,
Mr. Umesh Gupta, APFC Pensions through Mr. R. K. Tyagi, Accounts Officer;