information submitted as per a statute and a scheme under statute cannot be considered as ‘third party’ information

PF Employees list

CENTRAL INFORMATION COMMISSION in CIC/MLABE/A/2017/187230  Kalyan Kumar Ganguly v. PIO, ESIC, Kolkata dated 11.05.2017 held that

FACTS:

1. The appellant sought information regarding M/s. Laxmi Distribution bearing employer code no. 31-3166-102. Specifically he sought the relationship between one Mr. H.B.Singhvi and M/s. Laxmi Distribution; return of contribution filed for the period 10.10.2008 to 31.03.2009 and whether it was certified by chartered accountants or not; total number of employees working in the said establishment etc through eight points. CPIO denied on the grounds that the information sought was relating to third party. Being dissatisfied by the Order given by FAA who upheld the decision of CPIO, the appellant approached this Commission.

Decision :

2. The CPIO stated that the then CPIO Shri A.N. Tiwari considered the application of appellant who referred to M/s. Laxmi Distribution about the information sought and the company was unwilling to disclose the information to the appellant. Further, the CPIO stated that the appellant was an ex-employee of M/s. Laxmi Distribution. The appellant retired on 30.04.2016 after rendering his services for about 30 years.

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14. The workers’ list, their salaries, and PF account the money deposited in the form of contributions by employer and employee as per a statute and a scheme under statute cannot be considered as ‘third party’ information. The workers file RTI application only when there is some grievance or complaint regarding the depositing or non-depositing of amount or wrong assessment of contribution, non-payment of interest on delayed crediting of contribution. None of this could be private information of some job holder or employer. The PF account is different from savings bank account of a person. The PF account is exclusively meant for holding contributions by both employer and employee and no other amount gets deposited or withdrawn.

15. The Commission after perusing the records finds that the appellant has been harassed for no rhyme or reason and he has been deprived from getting information, in this regard, the Commission suggests the appellant to make a representation to the respondent authority as well as CPIO, EPFO, Salt Lake City, Kolkata about the documents that he is wanting for.

16. The Commission directs the CPIO, ESIC to provide information sought, after securing them from the establishment M/s. Laxmi Distributions. Further, the Commission directs CPIO, EPFO, Salt Lake City, Kolkata to provide all the details to the appellant with regard to his PF details. The Commission also directs M/s. Laxmi Distributions to provide the information sought. All the information shall reach the appellant free of cost within 21 days from the date of receipt of this Order.