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

Dear Vikru

It is not good practice to rely on one's memory when the source
document is so easily accessible.

19(1) permits "2" First Appeals to be filed under certain circumstances (cases).

a) When the applicant does not receive a decision within "30 days"
from the CPIO.

b) When the applicant is aggrieved with the decision of the CPIO.

IF "b" succeeds "a", then 2 "first" appeals are possible "as the case may be"

Sarbajit

On 1/1/12, Vikram Simha <vikramsimha54@yahoo.co.in> wrote:
> 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
>>
>