Central Information Commission
Pathuri Venkata Subrahmanyam vs Department Of Posts on 20 July, 2020
CIC/POSTS/C/2018/167966
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
िशकायत सं या / Complaint No. CIC/POSTS/C/2018/167966
In the matter of:
Pathuri Venkata Subrahmanyam ...िशकायतकता/Complainant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Department of Posts,
Supdt. of Post Offices,
Khammam Division,
Khammam
Relevant dates emerging from the complaint:
RTI : 24.09.2018 FA : Not on record Complaint : 16.11.2018
CPIO : 01.11.2018 FAO : Not on record Hearing : 16.07.2020
The following were present:
Complainant: Heard over the phone
Respondent: Shri U. Yellamandaiah, Supdt. Of Post Office and CPIO, Khammam
Division, Khammam, heard over the phone
Page 1 of 6
CIC/POSTS/C/2018/167966
ORDER
Information Sought:
The complainant filed an RTI application on 24.09.2018 seeking information on four points pertaining to the list of retired officials from 2015 till date of his application who were involved in Departmental/criminal cases, and to whom the retirement benefits such as pension, gratuity, leave salary and GPF have been paid, including, inter alia;
1. To provide information containing the list of officials retired from 2015 till date and for whom the retirement benefits such as pension, gratuity, leave salary, GPF have been paid or withheld.
2. If any amount is paid, the application made by the officials and files through which permissions accorded, file notings, ratifications and all such recommendations that culminated into final payment, may please be provided.
3. To provide copies of the Surety Bond submitted by the official for the payment of remaining retirement benefits and information regarding actions initiated or stopped in response may also be given. And other related information.
The CPIO, vide letter dated 01.11.2018, provided point wise information to the complainant. Being dissatisfied, the complainant filed a complaint to the Commission.
Page 2 of 6CIC/POSTS/C/2018/167966 Grounds for Complaint:
The complainant filed a complaint u/s 18 of the RTI Act on the ground of unsatisfactory reply furnished by respondent. He requested the Commission to provide the information sought for.
Submissions made by Complainant and Respondent during Hearing:
The complainant reiterated the contents of his RTI application and submitted that the CPIO has, with malafide intent, furnished false information vide his letter dated 01.11.2018. He further apprised the Commission that as per his knowledge, six officials retired from the Department of Posts, Khammam Division from 2015 till the date of his application of which two who were involved in Departmental/criminal cases and are still being paid retirement benefits. However, the CPIO in its reply stated that no retirement benefits were paid to the retiring/retired officials who were involved in Departmental/criminal cases since 2015 till date except GPF. Furthermore, the CPIO did not furnish the list of officials who retired from 2015 till date, as sought vide point no. 1. He alleged that the implementation of the RTI Act, 2005, in the Respondent Public Authority is far from satisfactory and that they were not adhering to the provisions of the RTI Act, 2005 and furnishing false information. Therefore, desired strict action should be initiated against the erring officials.
The respondent submitted that from 2015 till the date of the RTI application, 29 officials retired from their division of which four were facing departmental enquiries. Thus, the said four officials were not being paid any retirement benefits. However, one out the said four officials is now being paid retirement benefits after the completion of his departmental enquiry in 2018. Thus, as on the date of reply, Page 3 of 6 CIC/POSTS/C/2018/167966 the information, as available on record, was furnished to the appellant. With respect to furnishing the list of retired officials, the respondent submitted that the then CPIO, Shri C. R. Haniprasad furnished a composite reply towards all the points addressing the main issue of payment of retirement benefits to the official involved in departmental/criminal proceedings. He tendered his unconditional apology for not furnishing a categorical reply and requested the Commission to condone the same. He further submitted that information sought by the complainant regarding the amount of gratuity, pension etc. being paid to retired officials is third party information, the disclosure of which has no relationship to any public interest and would cause an unwarranted invasion of the privacy of the third parties and hence, is exempted from disclosure under the RTI Act.
The complainant, however, contested the claim of the respondent and submitted that the information pertaining to public servants is not third party information and should be made available to the appellant.
Decision:
The Commission, after hearing the submissions of both the parties and perusing the records, directs the respondent to file an affidavit with the Commission deposing that at the time of responding to the RTI application, information, as available on record, was furnished to the complainant. A copy of the affidavit shall also be provided to the complainant. The above directions of the Commission shall be complied with within a period of 15 days from the date of receipt of a copy of this order.
The Commission, further, would like to counsel the then CPIO, Shri C. R. Haniprasad, to be more careful in future while responding to the RTI applications and to make sure that a categorical reply in respect of every query is furnished to the RTI applicant.Page 4 of 6
CIC/POSTS/C/2018/167966 With the above observations, the complaint is disposed of.
Copy of the decision be provided free of cost to the parties.
The complaint, 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) cum Director of Postal Services, Postmaster General, Hyderabad Region, Hyderabad-500001
2. The Central Public Information Officer (CPIO), Department Of Posts, Post Supdt. of Post Offices, Khammam Division, Khammam- 507 003 Page 5 of 6 CIC/POSTS/C/2018/167966
3. Shri Pathuri Venkata Subrahmanyam Page 6 of 6