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per1589

Unsatisfactory response by CPIO & FAA

Question

per1589

I had made RTI dt. 04.06.19 to the EPFO, New Delhi to know action taken and status of my Pension application that was delivered to their office by Regd.Post on 25.02.19. 

RTI Reply :
CPIO  handwritten reply dt. 03.07.2019 was incomplete, vague, incorrect on some aspects and against the Spirit of RTI Act. 

“CPIO replied that the application was rejected due to technical issues. Scheme Certificate was not released.”
Note :  Reply was incomplete as the date and details (nature) of technical issues for rejection of pension application was not provided nor he replied what had thereafter happened to it.  I was not informed if their office had communicated or dispatched the rejection to me or withheld the same nor given reason for not releasing the Scheme Certificate that I had sent with the pension application.

“CPIO replied that my application was received in  their office on 02.04.19”.
Note : Reply was incorrect and India Post proof of delivery dated 25.02.19 was attached in my subsequent First Appeal.

“CPIO replied that the 3 email ids where I had written earlier to check on the status of the Pension application, do not pertain to their office”
Note :  Reply is incorrect as the email ids are mentioned on their website. In case the email ids related to another office of the EPFO, then as per the RTI rules he should have transferred this particular query to that office to reply on the action taken on my 4 emails.

Additional Notes : 
The CPIO did not provided his name in the reply letter and the phone number mentioned on it is not active. Another phone number shown on the online RTI status form is not connecting.

CPIO had replied that 20 days is the stipulated time period applicable to their office from the date of receipt of the pension application within which to make the pension payments or revert with query/objection if any. However, it is more than 6 months since I submitted the pension application.

First Appeal :
First Appeal dated 15.07.19 highlighting the above violations was made with a request to provide complete, detailed and correct information and pass speaking orders on conduct and attitude of the CPIO towards the RTI stipulations and handling of the RTI. However FAA decision was unsatisfactory and statements seem contradictory.

FAA Order :
 “In may be clarified that only such information is required to be supplied under the RTI Act, 2005 which already exists and is held by the public authority or held under the control of the public authority. It is not required under the Act to create information or to interpret information or to solve the problems raise by the applicants or to furnish replies to hypothetical questions. The original application of the applicant and the reply of the CPIO have been carefully examined and FAA is of the opinion that the reply dated 03.07.19 had already been sent to the appellant. 
However, CPIO is directed to re-examine the information requested in RTI application dated 04.06.19 and send an updated reply to the appellant. In view of above, appeal hence stands disposed of.”

Final Notes :
There is no reply thereafter from the CPIO and the FAA did not set a timeline to give updated reply. It is more that 6 months since the Pension application but the EPFO has not provided proper information or made any communication on the same. I do not reside in New Delhi and the phone numbers on their website are not answered/not connecting/busy.

Is it advisable to make a Second Appeal/Complaint to CIC or make a Fresh RTI asking EPFO to inform datewise desk movement action taken with names of the concerned officer who handled the pension application and its present status  and the reason to withhold the Scheme Certificate.

In  case of Second Appeal/Complaint, please suggest on submissions/prayer to be made.

Thanks

 

Edited by per1589
typo error

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2 answers to this question

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  • 0
Prasad GLN

Focus on main issue.  Rectify the deficiencies if any and seek pin pointed information that is available on record in the form of a material.  In case of pensions, it amounts to life or liberty clause and both PIO and FAA must dispose the applications within 48 hours.  It may be true that PIO has provided incorrect, false or misleading information on receipt of your application and mails.  Just by pointing out the mistakes and going for second appeal at this age is not correct step.

Focus on your own issue, forget deviations if any by PIO and FAA as ICs do not care much for those violations as it is usual practice of PIOs to suppress from material facts to save their skin.

Ignoring their deviations, if you wish to go for second appeal make it much simple and submit duly tabulated annexure in following format with your second appeal.

_________________________________________________________________________________________________

Query No.............Information solicited......................Provided by PIO.............Reasons for not finding response satisfactory

__1__________________2______________________________3______________________________4________________

1

2

thereon.

 

If you want specific clarification in this forum for more guidance on your pension issue, before going to appeal post the same in above format for proper guidance by members.

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per1589

Thanks, Sir.

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