299 TribuwanPrakashJalanVs Asstt PFCommr Bhagalpur 03 06 4 6/4/2009 11:30:14 Deepak 1
CENTRAL INFORMATION COMMISSION
Room No.308, B wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
Complaint No. CIC/LS/C/2009/000299
Complainant: Shri Tribhuwan Prakash Jalan
Public Authority: Assistant PF Commissioner, Bhagalpur
Date of Hearing: 03/06/2009
Date of Decision: 03/06/2009
FACTS
:-
The matter, in short, is that the complainant is the Principal of M/s. Holy Ganges
Public School, Khagaria, which was brought within the purview of EPF and MP Act,
1952, on 03/03/2005 on the basis of a list of 21 persons furnished by the Appellant. The
complainant has sought information on three paras in this connection. The first para is
interesting in which he has asked the Public Authority whether there is Rule of Law in
the country or not. Para 3 is also equally interesting in which he has asked the Public
Authority as to when the criminal case instituted against him is likely to be withdrawn by
the competent authority? By no stretch of imagination can these queries be said to be
rightful use of the law on the subject.
2. Be it as it may, aggrieved by non-action by CPIO, he has filed the present
complaint before the Commission.
3. The matter was heard on 03/06/2009. The parties did not appear. However, a
written representation has been received from Shri O.P. Dubey, APFC, Bhagalpur, the
relevant portion of which is extracted below:-
“(a) Sri Tribhuwan Prakash Jalan submitted an application to
this office for supply of certain information including
therewith a non judicial stamp of rs.10/-. Since non
judicial stamp is not allowed under section 4 of RTI Act,
his application was returned stating the reason.
(b) M/s Holy Ganges Public School, Khagaria of which Sri
Tribhuwan Prakash Jalan is Principal, was brought within
the purview of the EPF & M.P. Act, 1952 on the basis of
proforma for coverage signed by Sri Jalan dated 03.03.05
in which he furnished a list of 21 persons. Upon deteching
non compliance a proceeding under section 7A of the EPF
& M.P. Act, 1952 was conducted which resulted in
assessment of dues for the period 03/05 to 07/05. Being
aggrieved the employer filed an apple No. 148(3)/2006
299 TribuwanPrakashJalanVs Asstt PFCommr Bhagalpur 03 06 4 6/4/2009 11:30:14 Deepak 2
before EPF Appellate Tribunal, New Delhi which is
continuing and where no stay ha been granted by the
Hon’ble Tribunal. A further proceeding for determination
of dues for the period 08/05 to 06/08 has been initiated
against the establishment. The proceeding is continuing.”
DECISION
4. In view of the contents of Shri Dubey’s representation, the complaint has no merit
and is ordered to be closed.
Sd/-
(M.L. Sharma)
Central Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges,
prescribed under the Act, to the CPIO of this Commission.
(K.L. Das)
Assistant Registrar
Tele: 011 2671 73 53
Fax: 011 2610 62 76