Central Information Commission
Sammaiah vs Department Of Posts on 10 December, 2020
CIC/POSTS/A/2019/101188
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग,मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/POSTS/A/2019/101188
In the matter of:
Sammaiah ... अपीलकताग/Appellant
VERSUS
बनाम
CPIO ...प्रनतवािीगण /Respondent
Asst. Director (S)
Department of Posts,
Vijayawada,
Andhra Pradesh
Relevant dates emerging from the appeal:
RTI : 31.07.2018 FA : 10.10.2018 SA : 08.01.2019
CPIO : Not on record FAO : Not on record Hearing : 09.12.2020
The following were present:
Appellant: Absent.
Page 1 of 5
CIC/POSTS/A/2019/101188
Respondent: Shri T. Veeragavalu, Assistant Director (S) and CPIO, Department of
Posts, Vijayawada, Andhra Pradesh, heard through video conferencing.
ORDER
Information Sought:
The appellant filed an RTI application on 31.07.2018 seeking information on two points regarding misbehavior of Shri G. Mukteswararao JEE, the then Suptd. of Post offices Khammam against appellant on 10.04.2013 over telephone, including;
1. (a) What are the details of the enclosures forwarded through PIO's office letter dated 06.12.2016 to the CPIO and the SPOs Khammam?
(b) What is the disposal of the I.P.O worth Rs. 10/-?
(c) Supply the enquiry report copies along with the statements recorded from the staff if spare copies are available in PIO's office.
(d) Whether the enquiry report is transferred to the PMG HR HYD-1 on bifurcation of the AP Circle? If so what are the dispatched particulars?
2. (a) What is the name and designation of the officer of PIO's office? Who enquired into the case and furnish the date of enquiry?
(b) Whether the enquiry officer has made enquiries at Bhadrachalam H.P.O? IFSO on what date?
(c) Supply the Xerox copies of the TA bill, tickets, bills etc. of the enquiry officer who enquired into the case.
Having not received any response from the CPIO, the appellant filed first appeal dated 10.10.2018. FAA's order, if any, is not available on record. Page 2 of 5
CIC/POSTS/A/2019/101188 Grounds for Second Appeal:
The appellant filed second appeal u/s 19 of the RTI Act on the ground of non- receipt of information from the respondent. He requested the Commission to direct the CPIO to provide the information sought for.
Submissions made by Appellant and Respondent during Hearing:
The appellant remained absent during the hearing, despite notice.
The respondent submitted that the RTI application in question and first appeal were never received in their office and it was only on the receipt of notice for today's hearing that the respondent was apprised of the said RTI application. He further submitted that the appellant had been filing numerous RTI applications pertaining to the same issue of misbehavior of then CPIO with the appellant over a telephonic conversation and appropriate replies have been provided to the appellant time and again.
Decision:
The Commission, after hearing the submissions of the respondent and perusing the records, directs the respondent to file an affidavit with the Commission deposing that the RTI application in question and first appeal were never received in their office prior to the receipt of notice for hearing from this Commission. Hence, no information could be provided to the appellant. A copy of the affidavit shall also be provided to the appellant.
The respondent is, further, directed to furnish a point wise reply, as per the provisions of the RTI Act, to the appellant's above noted RTI application.Page 3 of 5
CIC/POSTS/A/2019/101188 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 under intimation to the Commission.
With the above observations, the appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The appeal, hereby, stands disposed of.
Amita Pandove (अनमता पांडव) Information Commissioner (सूचना आयुक्त) दिनांक / Date: 09.12.2020 Authenticated true copy (अनिप्रमानणतसत्यानपतप्रनत) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Addresses of the parties:
1. The First Appellate Authority (FAA) / Director of Postal Services, Department of Posts, O/o The Postmaster General, Vijayawada Region, Vijayawada, Andhra Pradesh -52000 Page 4 of 5 CIC/POSTS/A/2019/101188
2. The Central Public Information Officer (CPIO) /Asst. Director (S) Department of Posts, O/o The Postmaster General, Vijayawada Region, Vijayawada, Andhra Pradesh -520003
3. Shri Sammaiah Page 5 of 5