Central Information Commission
Balram Singh vs Department Of Posts on 20 July, 2020
CIC/POSTS/A/2018/167387
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/POSTS/A/2018/167387
In the matter of:
Balram Singh ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Department Of Posts,
Supdt. of Post Office, Nawada
Division, Nawada,
Bihar
Relevant dates emerging from the appeal:
RTI : 30.08.2018 FA : 04.10.2018 SA : 14.11.2018
CPIO : 01.10.2018 FAO : 10.10.2018 Hearing : 16.07.2020
The following were present:
Appellant: Heard over the phone
CIC/POSTS/A/2018/167387
Respondent: Shri Shiv Shankar Mandal, SPO, Department Of Posts, Suptd. of
Post Offices, Nawada Division, Bihar, heard over the phone
ORDER
Information Sought:
The appellant filed an RTI application on 30.08.2018 seeking information on five points, including, inter alia;
1. Photocopy of Directorate Dak Bhawan, New Delhi letter No. 17-31/2016-
GDS, page No. 14 and Annexure-V, dated 25.06.2018 is attached. Whether rules/instructions under Nawada post Division have been complied or not? If not, which public servant is responsible? Provide information to the appellant regarding the action taken till date against the guilty public servant.
2. Photocopy of page no. 15 of above mentioned letter is enclosed, Whether Nawada Division has complied with the stated rules / instructions in mentioned in paragraph -06 or not? If yes, provide the details name, post, name of branch, post office, name of accounting office, Pay the amount of joint work allowance amount, consolidated list related to the personnel taking the modified work allowance duty payment.
3. If not, which public servant is responsible? Provide information regarding action taken against the guilty public servants. And other related information.
The CPIO, vide letter dated 01.10.2018, provided point wise information to the appellant. The appellant filed first appeal dated 04.10.2018 on the ground of non- receipt of information. FAA, vide order dated 10.10.2018, directed the CPIO, CIC/POSTS/A/2018/167387 Supdt. Of Post Office, Nawada Division, Nawada to provide sought for information to the appellant within seven days.
Grounds for Second Appeal:
The appellant filed second appeal u/s 19 of the RTI Act on the ground of unsatisfactory reply furnished by respondent. He requested to the Commission to direct the CPIO to provide the information sought for.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that the respondent has, with mala fide intentions, furnished false information on point no. 1. He further apprised the Commission that the rules/instructions, as stated in point no. 1, were not being complied with by the respondent at the time of furnishing the reply, and it was after the elapse of one year that the respondent started complying with the said rules. He further submitted that incomplete information has been furnished to him on point no. 2. The consolidated list of the personnel getting duty allowance was not furnished to him. Further, no information was furnished to him on point nos. 4 and 5.
The respondent submitted that information, as available on record, was furnished to him on point no. 1 of his RTI application. He further agreed to furnish the due information on point nos. 2 and 5 to the appellant. With respect to the information sought vide point no. 4, he submitted that the information sought is voluminous in nature, collating and compiling of which would disproportionately divert the resources of the respondent organization. However, he agreed to offer inspection of the relevant records to the appellant.
The written submissions dated 15.06.2020 filed by the respondent were taken on record.
CIC/POSTS/A/2018/167387 Decision:
The Commission, after hearing the submissions of both the parties and perusing the records, observes that the respondent, vide letter dated 01.10.2018, has furnished an appropriate reply on point no. 1 to the appellant. The appellant, however, is not convinced by the said reply. The Commission notes that under the provisions of the RTI Act only such information as is available and existing and held by the public authority or is under control of the public authority can be provided. The PIO is not supposed to create information that is not a part of the record. He is also not required to interpret information or provide clarification or furnish replies to hypothetical questions. Similarly, redressal of grievance, reasons for non- compliance of rules/contesting the actions of the respondent public authority are outside the purview of the Act. Thus, the appellant is advised to approach the appropriate forum for redressal of his grievance. The Commission, however, directs the respondent to furnish due information on point nos. 2 and 5 to the appellant, as agreed. The respondent is further directed to allow the appellant to inspect all relevant records pertaining to the information sought vide point no. 4 of his RTI application on a mutually decided date and time as per the provisions of the RTI Act and to obtain photocopies of the requisite documents, free of charge up to 20 pages.
The above directions shall be complied with within a period of four weeks from the date of receipt of a copy of this order.
With the above observations, the appeal is disposed of.
CIC/POSTS/A/2018/167387 Copy of the decision be provided free of cost to the parties.
The appeal, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 16.07.2020 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Addresses of the parties:
1. The First Appellate Authority (FAA) Department of Posts, Postmaster General, East Region, Bihar Circle, Patna -800001
2. The Central Public Information Officer (CPIO), Department of Posts, Supdt of Post Offices, Nawada Division, Nawada , Bihar-805110
3. Shri Balram Singh