PIO: It is not mandatory for EPFO to keep the forms as they are supplied by the concerned company - CIC directed the PIO to seek assistance u/s 5(4) of the RTI Act from the concerned company to obtain the forms and provide to the appellant
The appellant (EPF A/c - GJ/AHD/15884/30347) was an employee of Kalpataru Power Transmission Limited from December 2009 to October 2010. He has sought information regarding month wise break-up of E.P.F. amount deposited by the employer and the employee for the said period with a copy each of form No. 5 & 10 (form No. 10 with reason column).
Grounds for Second Appeal
The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that a copy of form 5 and form 16 has not been provided to him till date.
The CPIO submitted that the information which was available with them was provided to the appellant on 01.11.2018 in the form of member’s ledger which bears the dates of joining and leaving.
On a query to the CPIO as to why the copies of form 5 and form 10 were not supplied to the appellant, the CPIO submitted that these forms are submitted by the concerned companies and it is not mandatory for them to preserve these forms for long.
Having heard the submissions of both the parties, it is noted that the copies of form 5 and form 10 as sought by the appellant in his RTI application were not supplied to him. During the hearing, the CPIO explained that since it is not mandatory for his organisation to keep these forms as they are supplied by the concerned company, hence the forms are not available with them. Under such circumstances, the CPIO is directed to take up the matter with the concerned company and if the forms are available with them, the same should be obtained from them and thereafter be provided to the appellant
In view of the above, the CPIO is directed to seek assistance u/s 5(4) of the RTI Act from the concerned company and in case the forms are available with them, a copy of the form 5 and form 10 for the relevant period should be obtained from the company and thereafter be provided to the appellant. In case the forms are not available with the company either, a categorical reply should be provided to the appellant. This direction is to be complied with within a period 20 days after the lockdown is lifted.
The appeal is disposed of accordingly.
Vanaja N. Sarna
Citation: Anil Gulabrao Kadukar v. Employees Provident Fund Organisation in Decision no.: CIC/EPFOG/A/2019/100044/03304, Date of Decision: 27/04/2020