Copy of EPF Challan submitted by M/s Raj Repair Works with their up-keep bill for a certain period was sought - CIC: Provide the total ESIC and EPF contribution year wise and the number of employees year wise to the appellant
26 Nov, 2019Information Sought:
The appellant has sought the following information:
1. Copy of EPF Challan submitted by M/s Raj Repair Works with their up-keep bill from June 2016 to November 2017 for Sriganganagar Revenue Distt.
2. Copy of ESI Challan submitted by M/s Raj Repair Works with their up-keep bill from June 2016 to November 2017 for Sriganganagar Revenue Distt.
3. Copy of EPF Challan submitted by M/s Raj Repair Works with their up-keep bill from June 2016 to November 2017 for Hanumangarh Revenue Distt.
4. Copy of ESI Challan submitted by M/s Raj Repair Works with their up-keep bill from June 2016 to November 2017 for Hanumangarh Revenue Distt.
Grounds for Second Appeal
The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that there is a difference between employees engaged for duty and the list of ESIC & EPF depositors. He pressed for the disclosure of information to ensure transparency. The CPIO submitted that an appropriate reply was given vide letter dated 08.02.2018. He further submitted that the information cannot be given being exempted u/s 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; of the RTI Act.
Observations:
Based on a perusal of the record, it is noted that the total ESIC and EPF contribution yearwise and the number of employees yearwise can be given to the appellant. It is pertinent to mention here that the copy of EPF challan submitted by M/s Raj Repair Works is the personal information of the third party and is exempted u/s 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.
Decision:
In view of the above, the CPIO is directed to provide a revised reply as discussed in the observations above to the Appellant within 20 days from the date of receipt of this order. A compliance report to this effect shall be sent to the Commission by the CPIO thereafter.
The appeal is disposed of accordingly.
Vanaja N. Sarna
Information Commissioner
Citation: Rajesh Jain v. Central Public Information Officer, Bharat Sanchar Nigam Limited in Decision no.: CIC/BSNLD/A/2018/140299/02142, Date of Decision: 14/11/2019