How to get pf & bank details under rti act
Abhimanyu
(Querist) 12 November 2014
This query is : Resolved
I put the RTI for my Wife's EPF Statement & EPF Account Number, as she has filed multiple maintenance cases against me and mentioned that she is unemployed and have no independent income for her survival. I am paying her maintenance every month.
But she is gainfully employed in Pvt Ltd. Company & earning very good salary, for which EPF has been deposited in EPFO.
After my RTI EPF authorities followed the third party procedures and she filed her strong objection for disclosure of her EPF Statement.
So PF authorities denied the disclosure of information of her EPF A/C Number and EPF statement under Section 8 (1)(e) with the citation copy of R.K. Behara Vs EPFO.
CIC/BS/A/2012/000837/2582. CPIO mentioned that the Accounts maintained at POST Office/ Banks/ EPFO are held under Fiduciary relationship.
Hence information relating to such accounts are exempted from disclosure to third party under section 8(1)(e) of RTI Act unless seeker shows larger public interest to justify the disclosure.
FAA also rejected the first appeal mentioning no larger public interest, so no reason to intervene in CPIO's decision. Second Appeal is still pending but I am not sure about the result. Please reply & let me know how can I overrule the Account maintained in fiduciary relationship clause.
Sudhir Kumar, Advocate
(Expert) 13 November 2014
You have lost the RTI battle.
You have already wasted a good amount of time stationary and postage on this issue and made your intention know the other party.
You can only get summons issued to Her employer, EPFO, ESI, Bank to come with the regard relating to her income.
Dr J C Vashista
(Expert) 13 November 2014
I agree with expert Mr. Sudhir Kumar
ajay sethi
(Expert) 13 November 2014
agree with sudhir
Shailesh Kr. Shah
(Expert) 13 November 2014
Rightly advised by Expert Mr.Sudhir Kumar.
As you stated :-
After my RTI EPF authorities followed the third party procedures and she filed her strong objection for disclosure of her EPF Statement"
So, you have section 11 objection papers.
T. Kalaiselvan, Advocate
(Expert) 16 November 2014
The denial of PF authorities to divulge the details itself confirms that she is maintaining an account, hence you can process issue of summons to the PF authority to produce the documentary evidence, through the same court of law where the present cases are on trial. Your lawyer will know the things better, consult him/her.
Guest
(Expert) 16 November 2014
Can you please tell in what way the epf statement or bank account details of your wife can help you to avoid payment of maintenance? You may probably be trying to collect waste papers in the name of evidence, while proof of recurring earning of wife can be the criteria for fixation of maintenance? By asking such documents, you are definitely going on wrong track. You should try to attack on the bull's eye, not on his tail.
You need the salary slip, Income Tax Return and Form 16 of your wife to prove that your wife is earning sufficient income to maintain herself.
