M. Sridhar Acharyulu DECISION
M. Sridhar Acharyulu, Central Information Commissioner
FACTS:
1. The appellant sought information regarding M/s. Laxmi Distribution bearing employer code No. 31-3166-102. Specifically he sought the relationship between one Mr. H.B. Singhvi and M/s. Laxmi Distribution; return of contribution filed for the period 10.10.2008 to 31.03.2009 and whether it was certified by chartered accountants or not; total number of employees working in the said establishment etc through eight points. CPIO denied on the grounds that the information sought was relating to third party. Being dissatisfied by the Order given by FAA who upheld the decision of CPIO, the appellant approached this Commission.
Decision :
2. The CPIO stated that the then CPIO Shri A.N. Tiwari considered the application of appellant who referred to M/s. Laxmi Distribution about the information sought and the company was unwilling to disclose the information to the appellant. Further, the CPIO stated that the appellant was an ex-employee of M/s. Laxmi Distribution. The appellant retired on 30.04.2016 after rendering his services for about 30 years.
3. The appellant also submitted that the PF amount was deducted for the period 1986 to 1988 but it was not deposited, and no benefits were given from 1986 to 2016. It is a gruesome situation for a senior citizen who worked in an establishment for nearly 30 years.
4. The PF account is not like any other individual private bank account where all his personal money also could be transacted, which could be his personal information. The PF account does not contain any other money except accumulated amount of both the contributions over a period of time. Contending that it is their personal information or third party information is meaningless here. First of all it is mandatory by law to contribute these two amounts to the PF account. Hence, it is not private information. It is not personal because it has nothing to do with their private activity. It is relating to social security of workers at post-retirement period, which need to be secured for such longer periods. That is the public interest. If it is kept secret, and an individual PF subscribed is cornered under fear or favour not to challenge the fraud, employer can perpetuate the fraud. Hence a third person or trade union leader or citizen can seek such information. Thus the argument of PIO that worker can ask only about his information about PF account is not tenable. The information sought is available with employer and trustee. It cannot be denied to worker in particular and people in general. It is also far fetching to contend that because the amount is made known there would be a fraud.
5. Assuming for a moment, without agreeing, that PF account is personal information, we need to satisfy other conditions under Section 8 to deny the disclosure such as - (a) whether it has any relationship to public activity? Answer: Yes, it is related to security of workers at large. Relates to millions of workers/employees, (b) whether it has any public interest? Answer: Yes. Securing the money of workers for their future security is public interest, (c) will it cause unwarranted invasion of privacy of any individual? Answer: No. Except PF account details it does not contain any other information. Its disclosure do not cause any invasion of privacy, (d) is there a larger public interest? Answer: Yes, as explained above, (e) whether this information can be denied to Parliament or Assembly? Answer: No, (f) whether public interest in disclosure outweighs the harm to protected interests? Answer: Yes. In fact there is no harm to any protected interest. If this information is protected, the interests of the workers will be harmed, it will embolden the employers to defraud the workers and misappropriate their money temporarily or permanently. Transparency of this information will facilitate verification by any citizen or trade union leaders and the EPFO personnel and employer will be compelled to deposit the money regularly in PF accounts without delay.
Is it personal information?
6. The expression 'personal information' applies to 'individuals'........