Central Information Commission
Mr.Vishnu Bappaji Sarwade vs Dept. Of Posts, Osmanabad on 23 June, 2009
Central Information Commission
CIC/AD/A/2009/000897
Dated June 23, 2009
Name of the Applicant : Mr.Vishnu Bappaji Sarwade
Name of the Public Authority : Dept. of Posts, Osmanabad
Background
1. The Applicant filed an RTI application dt.27.11.08 with the CPIO, DoP, Osmanabad. He requested for information against 13 points including whether opinion of Dist. Govgt. Pleader has been obtained to lodge the Police Complaint against Shri J.S. Gadhave; has any action been taken against Shri J.S. Gadhave; as per pay bill has his union subscription been recovered and paid to union for period 2003 onwards; has the SP got any complaint or report of the the official about his behaviour in service whether SP has charged him as terrorist; copy of the complaint a/w report of finding on it; and in whose custody the Service Book of Shri J.S. Gadhave was kept in the O/O Supdt. of PO's Osmanabad from 22.12.1999 till its dispatch by SPOs Osmanabad. Date of dispatch and office to which dispatched etc. The CPIO replied on 16.12.08 stating that the information sought in the RTI request is in the nature of questions, opinion, analysis, comparability, examination of issue, redressal of grievances which are outside the purview of RTI Act, 2005. Hence the requisite information cannot be supplied. Not satisfied with the reply, the Appellant filed an appeal dated 6.1.2009 stating that the CPIO has wrongly refused providing information. The Appellate Authority replied on 10.2.2008 providing pointwise information and also endorsed a copy of the above said letter to CPIO, Osmanabad for information and compliance report within a week of receipt of his order. The CPIO again replied on 25.2.09 providing some information. Aggrieved with the reply the Appellant filed a second appeal before CIC stating that incorrect information has been provided to him.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for June 23, 2009.
3. The CPIO authorized Mr. M.M. Patil, I.P. Osmanabad and the Appellate Authority authorized Mr. H.N. Saste, ASP (HQ) to attend the hearing on their behalf and were present at the hearing.
4. The Applicant was present during the hearing.
Decision
5. After hearing the submissions from both side, the Commission holds that all available information has been provided to the Appellant. However, with regard to Point 6 of the CPIO's reply dated 12.6.2009 relating to custodian of the Service Book of Shri J.S. Gadhave, it was the Appellant's contention that the records he has sought exist and that the Respondent is deliberately, with malafide intention, has not provided him the information. The Respondent on the other hand submitted that no record is available regarding custodian of Service Book as the preservation period of inward receipts is only 3 years and hence such records were weeded out as per rules. The Commission directs the CPIO to provide an affidavit to the Appellant signed by the Appellate Authority stating that information about the custodian of the Service Books is not available since the records have been weeded out.
6. The appeal is disposed off.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Asst. Registrar Cc:
1. Mr.Vishnu Bappaji Sarwade Mauli, Postal Colony Osmanabad 413 501
2. Mr.Z.B.Maskar The CPIO & Supdt. of Post Offices Department of Post Osmanabad Division Osmanabad 413 501
3. Mr.R.K.Jayabhaye The Appellate Authority & Director Postal Services Department of Posts O/o Post Master General Aurangabad Region Aurangabad 431 002
4. Officer in charge, NIC
5. Press E Group, CIC