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jhaamit

PF details of spouse

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jhaamit

Hi Team,

One of my friend has ongoing marital court case and his wife is asking for huge alimony even though she is working in MNC as software engineer.

What are the remedies for him?

Filing RTI application to PF office to get her service details is one of them.

And what are the details that he can ask?

 

 

Thanks & regards,

 

Amit Jha

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Prasad GLN

The FAA orders were quoted by you in above posts (agreeing with CPIO quoting exemption 8 (1) (e) (j) without justification)

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Prasad GLN

PF dept is not providing details of third party as of now, and it takes minimum three years to get such information through process of Second appeal to CIC.  Let his advocate file such petition seeking such information from the employer of the spouse and through affidavit of spouse.  The court must allow such petitions.

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Prasad GLN

Please go through reply once again. 

Spouse is not considered as third party.????

By whom ?  The said Decision is exclusively applicable to that case as she is a lady without support, and such information is essential to her for life as she has to survive only on such alimony and there is larger public interest in that issue.

In this specific case husband wants information to evade/avoid alimony to wife.  Facts in each case may differ.

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Prasad GLN

Now that a process has been commenced, take a chance and provide those citations and go for first appeal before FAA.

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Prasad GLN

There was no mention of FAA orders.  If you have not received FAA orders, immediately go for second appeal and never expect positive result and take a chance as there may be change in some decisions.

 

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jhaamit

Spouse is not considered as third party.

Reference: 

https://dsscic.nic.in/files/upload_decision/175772_Veman_V.pdf
https://dsscic.nic.in/files/upload_decision/195272_Sandeep_V.pdf

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jhaamit

The response of CPIO on 25 Feb 2020 is:

Quote

 

Sir,
Please refer to your online RTI Application dated 06.02.2020 Vide No. ____/_/_/__/_____.

In this connection on the basis of communication received from the concerned DPIO the
reply is appended below .

With reference to above cited subject, it is to inform you that ,information sought by the
Applicant in the RTI Application for Point No.1 to 6 pertains to Third Party, hence the same is
exempted under section 8 (1) (e) and 8 (1) (j) of the RTI Act 2005.

Accordingly your RTI Application is disposed off.

Yours faithfully,


(_____)
CENTRAL PUBLIC INFORMATION OFFICER and
REGIONAL PROVIDENT FUND COMMISSIONER II
REGIONAL OFFICE, PUNE II (AKURDI).

FIRST APPELLATE AUTHORITY
SHRI _____ _____
REGIONAL P.F.COMMISSIONER I
REGIONAL OFFICE, PUNE II (AKURDI)

 

 

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jhaamit
Posted (edited)

I have filed FAA before your reply, i.e., I couldn't mention the citations

Also, I thought that content of RTI query and RTI First Appeal should be same.

So, I have copy pasted the same RTI query word to word for First appeal

And here is the reply that FAA gave today:

Quote

 

Subject: Supply of information under RTI Act 2005.
Reference:(1) RTI reply vide no. ____________ dt ________.
(2) RTI Appeal No. _________ dated ________.

Sir,
With reference to the above, I have gone through your appeal copy and the content of the appeal, original application and the reply given by CPIO and on verification of all the above documents, it is found that reply given by CPIO is correct and within prescribed time limit.

No incompleteness in the information provided in RTI reply was found and as informed by CPIO, it is to inform you that information sought by you in your RTI application pertains to third party hence same is exempted under section 8(1)(e) and 8 (1)(j) of the RTI Act, 2005.

On the basis of this it is clarified that suitable point wise reply was given to the applicant over his RTI Application dated 06.02.2020.

Hence the appeal is disposed herewith.

Thanking You.

Yours faithfully,

(_______ _______)
FIRST APPELLATE AUTHORITY
REGIONAL PF COMMISSIONER-I
RO PUNE II Akurdi.

 


Now, should I file RTI query again online for ₹10 and give citations? It's a matter of < 50 days.

Or go for second appeal?

Edited by jhaamit

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jhaamit

OK, I will go for second appeal.

 

And one more question - What are FAA orders? Isn't this response FAA order? 

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jhaamit
Posted (edited)

The response from second appeal is

 

Quote

Subject: - Return of duplicate Second Appeal/Complaint along with all documents.
Madam/Sir,
        Reference your Second Appeal/Complaint dated 16-03-2020 received on 16-03-2020 vide above Diary Number.


        On scrutiny of the second appeal/complaint, it is seen that the RTI filed in this case is the same as RTI filed by you in case no. CIC/EPFOG/A/2020/________, which has already been registered by the Commission. Your above mentioned second appeal/complaint is therefore returned.

 

Edited by jhaamit

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