RTI: PF commissioner faces disciplinary action

MANOJ MORE: Indian Express; Tue Mar 29 2011,
Pune : The Central Information Commissioner has issued a showcause notice to regional provident fund Commissioner S Padmanabhan, asking him why disciplinary action should not be recommended against him for failure to discharge his duty as the First Appellate Authority.

The order has been issued by CIC Shailesh Gandhi in response to the second appeal made by RTI applicant Rashad Shaikh (37) of Pune Camp. The appeal was heard by the CIC through a video-conferencing at National Informatics Centre. The CIC has asked Padmanabhan to give a written submission. Shaikh had contended that he had received all other information on his RTI application, but pointed out that the First Appellate Authority had not conducted a hearing and given any order on his appeal.

Under RTI, Shaikh had first sought inspection of documents, letters and records provided by Loyola Primary School. He had sought inspection of all correspondence, letters, notices, file notings and orders passed against the school, along with information regarding inspection of contribution cards and PF account opening forms of all the employees of the school since the applicable date of coverage.

However, Shaikh alleged that Central Public Information Officer (CPIO) was not present and hence inspection could not be done on the appointed date. However, after a few days he was allowed inspection but he was denied information and documents related to the personal savings of individual employees. He then made the second appeal to the CIC.

After hearing the appeal, the CIC said Shaikh was given all the information after due inspection except details of the contributions made by the employees in their PF Accounts. “This information has been denied by the PIO claiming exemption under Section 8 (1) (e) of the RTI Act. Details of the personal savings of individual employees certainly fall in the definition of information held in the fiduciary relationship and the PIO is right in refusing to part with this information,” the CIC said.

The CIC said there has been a delay in offering the inspection and PIO is warned that inspection must be offered within 30 days period specified under the RTI Act. Shaikh, the appellant, has accepted that he has received all the other information but has represented that the First Appellate Authority did not conduct hearing and give any order in the matter. Shaikh said he has received all information regarding the correspondence between the PF office and the school. “I am happy with the information which runs into 150 pages,” he told this paper on Monday.

When his reaction was sought, Padmanabhan said he would reply to the showcause notice. “Everything has been done as per the norms and there is no violation whatsoever. We would make our submission to the CIC,” he said. Regional PF Commissioner-II A M Bhosle said the PF office has been prompt in dealing with the RTI applications. “We reply to RTI applications within 30 days. In several cases, we have given reply within a few days,” Bhosle said.