Amount deposited as PF by Flying Group Security Services etc. was sought - CIC: Once the information is brought into the public domain by placing the same on the website, the same would cease to be information accessible under RTI
The appellant has sought the following information regarding Flying Group Security Services:
1. When and how much amount has been deposited as PF by the above said Security Agency.
2. Provide the details of the PF payment made to the employees by the above said security agency.
3. Provide the name, address and the account no. of the employee to whom the payment of the PF was done by the above said agency.
4. As per rule, after how many months the Security Agency working in partnership has to deposit the PF amount. Provide details.
Grounds for the Second Appeal: The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing: The following were present
Respondent: Mr. L S Nayak CPIO’s representative through VC M: 07566324125
The CPIO’s representative stated that reply to the appellant’s RTI application dated 06/06/2014 was given vide letter dated 17/06/2014. He further stated that the information sought under para 1, 2 & 4 is available on EPFO website and that sought under para 3 (viz. address, account number, details of PF contribution of beneficiaries) is exempted under Section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act as it is personal information relating to third party(s). To a query he informed that the establishment M/s. Flying Group Security Services is covered under EPF and the list of employees getting PF benefit will be supplied to the appellant. The appellant is not present for canvassing his case/contesting the CPIO’s representative’s submission.
A coordinate bench of this Commission in its decision dated 12/04/2007 [Appeal No.CIC/AT/A/2007/00112] [Shri K. Lall v Sh M K Bagri, Assistant Registrar of Companies & CPIO]
has held as under:
“…..it would mean that once certain information is placed in public domain accessible to the citizens either freely or on payment of a predetermined price, that information cannot be said to be ‘held’ or ‘under the control’ of the public authority and thus would cease to be an ‘information’ accessible under the RTI Act.”
It is apparent from the decision cited above that once the information is brought into the public domain by placing the same on the website the same would cease to be information accessible under the RTI Act.
As agreed by the CPIO’s representative the list of employees of M/s. Flying Group Security Services covered under PF should be supplied to the appellant within one week from the date of receipt of this order. The appeal is disposed of accordingly.
Citation: Mr. R. K. Gupta v. EPFO in File No. CIC/BS/A/2014/001791/8187