Re: [HumJanenge] Response from CPIO after the first appeal

Does the RTI Act 2005 Permit a Second or a Subsequent First appeal As Detailed under Section 19(1) , If My memory Does Fail Nothing of Such Sort is Written or Provided in tha ACT . Further It Is A fact that There is provision for a Making a Revision of the First appeal .
Therefore In accordance with the recent SC Order in State of Manipur Vs SCIC Manipur(12/12/2011) A Complaint under Sec18.1.F "in respect of any other matter relating to requesting or obtaining acess to Records under this Act" is the suitable Next Move . However the Technical Gltich here is Penalty May Be imposed and Getting your Information "Status of the Complaint" will and can be only incidental
N vikramsimha , KRIA Koota & RTI study Center , #12 Sumeru Sir M N Krishna Rao Road , Basvangudi < Bangalore 560004.

--- On Sun, 1/1/12, Sandeep gupta <drsandgupta@gmail.com> wrote:

> From: Sandeep gupta <drsandgupta@gmail.com>
> Subject: Re: [HumJanenge] Response from CPIO after the first appeal
> To: humjanenge@googlegroups.com
> Date: Sunday, 1 January, 2012, 8:46 AM
> Go for first appeal again. tell the
> AA that wrong information has been
> provided.Tell the facts to the AA.
>
>
> On 1/1/12, Abhinav <a.h.agarwal@gmail.com>
> wrote:
> > Hi Friends,
> >
> > My father Sh. Harish Kumar Agarwal is eligible to
> receive pension under
> > Employees Pension Scheme-1995. He retd. in the year
> 2006, However the co.
> > he worked for shut down its operation in 1998. The
> company was subscribed
> > to Provident Fund Trust regulated by Employees
> Provident Fund Organisation.
> > The Trust was dissolved in 2001 and the all the money
> in the  trust was
> > transferred to Regional Provident Fund
> Commissioner-II, Bandra, Mumbai,
> > Maharashtra under PF number MH/4867/82.
> >
> > My father applied for the provident fund, and pension.
> After following up
> > for 4 years, and filing complaints with Central
> Provident Fund
> > commissioner, my father received his PF accumulations
> > in 2010. but was not given his pension till this date.
> He has applied for
> > the pension 4, to 5 number of times, and filed
> complaints to Central PF
> > office also (multiple times). However, PF office
> Bandra, Mumbai has not yet
> > looked into the complaints.
> >
> > When he filed RTI application to know the status of
> the complaint, PF
> > office Bandra didn't reply before the first appeal was
> filed. After the
> > first appeal, the reply obtained from the PF office
> > was shocking to us.
> >
> > The copy of the reply is enclosed. The reply said the
> form was returned to
> > the employer on 01/03/2010, However the letter
> obtained from the
> > RPFC-Kandivli  clearly mentioned the date on
> which the complaint was
> > forwarded to RPFC-II Bandra on  09/03/2011- copy
> attached.
> >
> > I am unable to decide on the next move now
> > 1) File a II appeal or a complaint with CIC, New
> Delhi.
> >     I will get a hearing sooner or
> later but that would yield some
> > information from the PF office. My father would not
> get the pension by
> > filing a CIC complaint/appeal.
> >
> > The very sad part of the story is:
> > There were two more people who applied for the pension
> at the same time my
> > father had applied. *The company (employer) official
> asked to pay Rs.
> > 4000/- each*. The other two paid the money and they
> are enjoying the
> > pension. I have their PF numbers on record. My father
> denied paying 4000/-,
> > and we are now made to suffer.
> >
> > It is clearly mentioned in the rule book of the
> EPS-1995 Act that
> > Pensionary benefits cannot be denied to any
> member  for any fault of the
> > employer.
> > Kindly advise.
> >
> > attachments: PF office reply, and the letter of
> compaint.
> > Thanks
> > Abhinav Agarwal
> >
> >
> >
> >
> >
> >
> > --
> > Thanks
> > Abhinav
> >
> > "
> > Have a heart that never hardens, a temper that never
> tires, and a touch
> > that never hurts...
> > "
> >
>
>
> --
> Dr. Sandeep Kumar Gupta
> 989, Sector 15-A, Opposite bishnoi Colony, Hisar-125001,
> INDIA
> Phone: 91-99929-31181
>