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Mayank Rti

The requester is seeking information from the Employees Provident Fund Organisation under the Right to Information Act regarding the EPF account details of his wife, including her EPF account number and statement from account opening to present. His wife has filed a false complaint against him and has hidden her employment and financial details. The requester believes obtaining her EPF account details will help prove his innocence in court by showing her employment details. He cites several court decisions where similar information was provided to spouses/family members. The information is being sought to serve natural justice and is not prohibited to disclose under the RTI Act.

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0% found this document useful (0 votes)
299 views7 pages

Mayank Rti

The requester is seeking information from the Employees Provident Fund Organisation under the Right to Information Act regarding the EPF account details of his wife, including her EPF account number and statement from account opening to present. His wife has filed a false complaint against him and has hidden her employment and financial details. The requester believes obtaining her EPF account details will help prove his innocence in court by showing her employment details. He cites several court decisions where similar information was provided to spouses/family members. The information is being sought to serve natural justice and is not prohibited to disclose under the RTI Act.

Uploaded by

Sandeep Kumar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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To,

Central Public Information Officer (CPIO),

Office of Provident Fund Commissioner,

Employees Provident Fund Organisation,

Bhavishya Nidhi Bhawan,

14, Bhikaiji Cama Place,

New Delhi - 110 066.

Subject: Information sought under Right to Information Act-2005

Respected Sir/Madam,

I, Mr. XXX son of Mr. XXXX is a resident of XXXX. My wife Ms XXX D/o XXX resident of
XXX, has filed a false complaint against me in the Crime Against Woman cell, Dwarka, Delhi
(Complaint No. XXXX) on date XXX. In her complaint Ms XXX has hidden her employment
and financial details with the sole mala fide intention to legal extort money from me by filing
multiple maintenance cases against me in the court of law.

But as per my information as of now she is working in M/s XXX Private Limited Ltd
(Establishment ID: XXXX; Company CIN: XXXX, Registration Number: XXX) having
registered office at XXXXX. As per the data available in the Employees Provident Funds
organization, India website (https://www.epfindia.gov.in/site_en/index.php), Ms XXXX EPF
account is crediting by her employer M/s XXXX Private Limited Ltd (Establishment ID:
L) every month.
In view of above I humbly request you to furnish me the following information through the RTI
Act 2005, in the interest to serve natural justice:

1. Kindly provide me the details of the EPF account of Ms XXX i.e. EPF Account No. and
EPF Account Statement from date of opening of account to till date. Her Address is
XXXX. (PAN No.: XXXX, Aadhar No.: XXXX, Date of Birth: XXXX).

Sir/Madam, the information requested does not fall within the restrictions contained in section 8
and 9 of RTI Act 2005. if this information does not come under your office please, in order to
bring this request / prayer letter to the concerned office under section 6 (3) of Right to
Information Act 2005, and kindly inform me name and address of the office in written also so
that If the information from that concerned department is not received in time, then I can appeal
to first appeal officer, to get the information under the Right to Information Act from the
concerned department.

Request / Relief sought

a) The undersigned financial interest is affected in the matter, so undersigned is seeking


legal relief from the Court.

b) The disclosure of financial details, mainly employment details of Ms XXXX would


surely help me to show my innocence in court.

Please be kind to provide the information under the Right to Information Act. Please provide me
with the requested details at the address mentioned below.

The disclosure of these information is in larger public interest as it serves the purpose of natural
justice. In India every year lot of false maintenance cases filed under Section 25 of Hindu
Marriage Act, Section 125 of CrPC, and Section 12 DV Act. These false cases filed by using
forgery documents, by hiding employment and financial details of the petitioner, and a large
criminal people nexus involved behind it. Filing the false cases in the court of law is the abuse of
process of law and wastes courts precious time and public money. Hence, the disclosure of
information sought is, therefore, in larger public interest.

Need all the document by Speed post.

Need all the document certificate copy

If the information sought by me cannot be given to me please give me the certified copies of the
laws/bylaws/order/circular etc. under which such information is forbidden to the public.

Whatsoever information you would provide me on paper, that paper should be duly signed and
clearly stamped by some competent authority. If you use the backside of that paper for providing
me the information, please get that side also duly signed and clearly stamped by some competent
authority.

The disclosure of information sought is, therefore, in larger public interest. The information
should therefore be provided. CPIO is under burden duty to provide the same details:

 BECAUSE In a similar kind of case Honourable CIC wide his decision


no.1816/IC(A)/2008 “The CPIO is, therefore, directed to furnish the details of PF of his
ex-wife, after determining his identity as ex-husband of the person whose details have
been asked for. This information should be furnished within 15 working days from the
date of issue of this decision.”

th
 BECAUSE, with reference to CIC Decision No CIC/AD/A/09/00366 Dated 4 May,
2009 (In this case Wife/Appellant asked certified copies of all documents of passport file
including marriage certificate and application form as submitted in passport office. CPIO
denied as per sec 8 (1)(j) CIC directed CPIO to provide information with remark
Information being sought is not a third-party information since the appellant is seeking
information about her legally wedded husband.

 BECAUSE, with reference to CIC Decision No CIC/RM/A/2012/000038/LS dated 03-


06-2013 given by Information Commissioner Shri M. L. Sharma as follows: “A wife
cannot be treated as third party in the strict sense of the term, so long as the marriage
subsists.

 BECAUSE, with reference to CIC Decision No 1816/IC/(A)/2008 F. No.


th
CIC/MA/A/2007/00583 Dated 10 Jan, 2008 (In this matter husband asked PF detail of
wife. CPIO denied citing section 8(1)(j). CIC directed CPIO to provide information to
husband with remark: The appellants financial interest is affected in the matter, as he is
seeking legal relief from the court.

 BECAUSE, with reference to CIC Decision No 3774/IC(A)2009 F. No.


th
CIC/MA/A/2009/000102 Dated 18 March, 2009: (In this matter wife asked information
about her husband’s medical expenses, service record etc CPIO denied citing section 8
1(J). Honourable IC M. M. Ansari directed the CPIO to provide all information citing
Since appellant is legally married wife with a child and has asked for details about her
husband, there is no justification in withholding any part of information to the appellant
as it would assist in resolving the issue by the competent authority, As long as couple is
not legally separated refusal to share information …is untenable.

th
 BECAUSE, With Reference to CIC Decision No CIC/SG/A/2009/000106/3889 27 June
2009 in the case of Deep Public School D2, Vasant Kunj, New Delhi (The Commission
has perused the information and does not see any merit in the exemption claimed under
Section 8(1)(j) by the Chairman of the School-the third party. In view of this the
information will have to be provided.)

 BECAUSE, with reference to CIC Decision No 2993IC(A)/2008 F. NO.


th
CIC/MA/A/2008/00866 Dated 5 Aug. 2008 (In this case Wife asked
whereabouts/residential Address of her husband working in ONGC, CPIO denied citing
sec 8(1)(j). CIC directed to provide information.

 The objective of the RTI act is to provide information to the person who sought such
information and when the case involves a serious question whereby the applicant seeks
the information to better defend himself in the court of law the information sought
becomes more important. Since criminal jurisprudence, it is clear that innocent person
should not be convicted and a person is presumed innocent unless found guilty/convicted.
Since, it is very important principle of natural justice that against whom a complaint has
been made has every right to know its contents so as to defend himself effectively and to
prove that the complainant has approached various authorities only with an oblique
motive. Thus, in the process defaming the undersigned and causing the undersigned
mental agony and harassment.

 That the refusal on the part of the Respondent is without any justification and disclosure
of the information would have NO effect to any public activity and would not be an
unwarranted invasion of the privacy of the individual

 That the respondent cannot refrain from disclosing the information on baseless pleas of
public interest or invasion of privacy or information falls under category of third party
when the issue involved is of serious nature as in the present case has been registered
against the undersigned / appellant.

 That under the Universal Declaration of the Human Rights adopted by the united nation
in 1948 assured by article 19 that everyone has right to seek, receive and impart
information and ideas through any media, regardless of the frontiers.

 That in Secretary, Ministry of Information and Broadcasting, Govt. of India and others
Vs. Cricket Association of Bengal and others, 1995(2) SCC 161 the Hon’ble Apex Court
has remarks about this right in the following term: “The right to freedom of speech and
expression includes the right to receive and impart information. For ensuring the free
speech right of the citizens of this country, it is necessary that the citizens have the
benefits of plurality of views and a range of opinions on all public issues. A successful
democracy posits an ‘aware’ citizenry. Diversity of opinions, views, ideas and ideologies
is essential to enable the citizens to arrive at informed judgement on all issues touching
them.”

 Those by refusing the information sought, the respondent will defeat the object of the act
i.e. RTI for which it was created. The object of the Act is to provide for setting out the
practical regime of the right to information for citizens to secure access to information
under the control of public authorities, in order to promote transparency and
accountability in the working of every public authority. The constitution of India has
established democratic republic and democracy requires an informed citizenry and
transparency of information which are vital to its functioning and also to contain the
corruption and to hold governments and their instrumentalities accountable to the
governed. Therefore, it is expedient to provide for furnishing certain information to
citizens who desire to have it.

 That the appellant has come on the very first opportunity available to him and therefore
the information should not be denied to him. More over the appellant does not want to
use the information for any oblique motive but wants to use the information to better
defend himself.

It is requested that, the applicant is a citizen of India, would like to receive the above said
information at most urgent on the address mentioned below.

For any clarification contact undersigned at, Mobile No: XXXXX or at address given below.

It is submitted that, the above information pertains to your esteemed office in your statutory
capacity as CAPIO under section 5 (1) of RTI Act read with 5(4) and 5(5) of the RTI Act, 2005.

I, XXXXX is ready to pay processing fee (if any) required to furnish above said information.
Now, at the end, I may reasonably expect that, honourable PIO will honor the decisions of CIC
as stated above while making decision on this RTI application so that, at least the wastage of
time of higher authorities in further proceedings and Legal hassle could be avoided in appeal
while discussing the same matter.

Thanking You,

Annexure 1: CAW cell Complaint copy (No. XXX).

Sincerely,

XXXXX

Address: XXXXX.

Phone: XXXX

E-mail: XXX

Verification

I, the deponent named XXXX, do verify that, the facts as narrated above are true and correct to
my best knowledge and belief.

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