Legal advice for missing file case under RTI
I wanted to get nomination details of my late father PF account. As he was working with SAIL, I filed RTI for EPS Form 2(R) copy with them, which they replied they have received one copy and the same has been sent to EPFO vide some letter number And SAIL do not have any copy of the same and informed in RTI it may be available with EPFO.
So again I filed RTI with EPFO for EPS Form 2(R), even they replied they do not have any copy with them. But at the same time I got a letter from EPFO greviance dept directing SAIL to provide the same. But I have received nothing since 3 months. First Appeleate authority also hold PIO reply as valid since SAIL is an exempted organisation.
Please guide me as per law what I can do to get the information.
Asked 1 year ago in Civil Law from Rourkela, Odisha
It appears both the authorities have no details of your father's PF a/c which is deficiency of service.
So you cna file writ petition in high court claiming the PF amount.
Consumer case is another option.
1) if your father had submitted nomination form employer ought to have maintained copy for their record
2) both SAILand EPFO have been grossly negligent
3) file Second Appeal before CIC with regard to the case of EPFO.
4) you can also file writ petition in HC to direct SAIL/EPFO to trace out your father nomination form
5) in the alternative obtain succession certificate from court for payment of provident funds to you and other legal heirs
Some exemption granted under RTI act on the basis of nature of information. No organisation or institute get absolute immunity under RTI act. information regarding provident fund is cover under RTI act because it is not a sensitive issue however its organisation i.e. SAIL has some immunity.
you should challenge it before CIC New Delhi.
The SAIL might have missed the document containing nominee details for PF or the EPFO may be misguiding you with RTI act details. You should file an appeal against the EPFO stating that the SAIL has categorically stated to have sent the document but the EPFO is refusing to furnish the same on some flimsy reason without authenticating the reply furnished.
After first appeal, if you do not get any favorable reply, you may prefer second appeal and so on until you exhaust the remedies with them and after that you can approach court for a direction to declare you as a nominee for receiving the PF amount in the absence of proper response from PF office..
You should assail the finding of FAO before the State Information Commission. SAIL is bound to disclose the information sought by you.