Appellant sought information regarding the PF dues of her late husband which was not provided - CIC directed RPFO-II, Kolkata to consult the concerned officials in EPFO, Jamshedpur and provide a revised point wise reply as per records by 15.02.2024
19 Jan, 2024Information sought and background of the case:
The Appellant filed an RTI application dated 08.12.2021seeking information on following points:-
“a) Request to inform the total amount which in due with up to date interest lying with you of late husband Rajat Kumar Roy P F a/c no WB/11415/597
b) Request to fund a required form after which I Claim P.F. dues of my late husband Rajat Kumar Roy with information of required documents to be submitted”
The CPIO, Regional Office, EPFO, Kolkata vide letter dated 07.02.2022 replied as under:-
“No documents are readily available in this establishment. Member details are not found in system.”
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 23.05.2022. The FAA vide order dated 17.06.2022stated as under:-
“The first appeal dated 07/03/2022 does not seem to have been received as seen from the office record. Moreover, appellant has requested to consider the appeal dated 07/03/2022 which seems not be attached with reminder dated 25/03/2022.
Decision:
The reminder dated 23/05/2022 is not maintainable without considering the text of first RTI appeal dated 07/03/2022 (not received till date).
The appeal is disposed of accordingly”
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
A written submission has been received from the CPIO and RPFC- II, EPFO, Kolkata vide letter dated Nil, the relevant extracts of which are as under:
In this regard, the undersigned has placed below following submission in view of complaint filed by the appellant: -
(a) The then CPIO has disposed of RTI application dated 08/12/2021 in assistance of PIO u/s 5(4) & 5(5) of the RTI Act, 2005 with remarks ‘member details not found in system’.
(b) From RTI file in respect of Shampa Roy, it is observed that this office has not received 1st appeal dated 07/03/2022 from the appellant. First Appellate Authority has disposed of the appeal reminder dated 23/05/2022 with remark ‘reminder dated 23/05/2022 is not maintainable without considering the text of 1st appeal dated 07/03/2022.
(c) From the documents attached with appeal notice no. CIC/EPFOG/A/2022/154150 dated 15/12/2023, it is observed that appellant has not submitted the copy of 1“ appeal dated 07/03/2022 as mentioned in appeal reminder dated 23/05/2022.
(d} No information in respect of a/c no. WB/CAL/11415/597 found on record.”
Facts emerging in Course of Hearing:
Appellant: Appellant with Shri S P Thakur, Advocate
Respondent: Shri Amit Atley, RPFO-II, Kolkata
The Appellant stated that the PF dues of her deceased husband were not yet settled. Hence, they had filed the instant RTI application before EPFO, Kolkata seeking information regarding the PF dues lying with the authorities which was not provided till date by EPFO, Kolkata, despite having jurisdiction as the Company in which her husband was employed was registered in Kolkata.
Shri Amit Atley stated that no information was available with them with regard to the establishment where the Appellant’s husband worked. However, a unit of the said company operated from Jamshedpur and records pertaining to the PF dues of Appellant’s husband may be traced from the EPFO, Jamshedpur Office.
Decision:
In the light of the facts of the case and the submissions made by both the parties, the Commission directs Shri Amit Atley, RPFO-II, Kolkata to consult the concerned officials in EPFO, Jamshedpur and provide a revised point wise reply as per available records to the Appellant by 15.02.2024 under intimation to the Commission. No other intervention of the Commission is required in this matter.
The instant Second Appeal stands disposed off as such.
Heeralal Samariya
Chief Information Commissioner
Citation: Ms. Shampa Roy v. Employees Provident Fund Organisation, Second Appeal No. CIC/EPFOG/A/2022/154150; Date of Decision: 04.01.2024