Central Information Commission
Ch Sammaiah vs Department Of Posts on 21 September, 2020
CIC/POSTS/A/2018/174225
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/POSTS/A/2018/174225
In the matter of:
Ch Sammaiah ... अपीलकता/Appellant
VERSUS
बनाम
1. CPIO,
Cum Asst. Director (Staff & Vig),
Department of Posts,
O/o. the Postmaster General,
Hyderabad Region,
Hyderabad - 500 001
2. CPIO,
Cum Supdt of Post Office,
Department of Posts,
Khammam Division,
Dist. Khammam,
Telangna - 507 003
3. CPIO,
Cum Supdt of Post Office,
Department of Posts,
Vijayawada Region, ... ितवादीगण /Respondents
Dist. Krishna, A.P.
Page 1 of 7
CIC/POSTS/A/2018/174225
Relevant dates emerging from the appeal:
RTI : 30.07.2018 FA : 08.10.2018 SA : 27.12.2018
CPIO : 07.08.2018 &
FAO : 06.11.2018 Hearing : 17.09.2020
16.08.2018
The following were present:
Appellant: Absent despite delivery of hearing notice.
Respondent: Shri V. Rahguvallu, CPIO, Department of Posts, Vijaywada
Division, Shri Savitri Kulkarni, CPIO, Department of Posts, Hyderabad Division
and Shri U. Yellamandiah, CPIO, Department of Posts, Khammam Division,
through video conferencing.
ORDER
Information Sought:
The appellant filed an RTI application on 30.07.2018 and sought information on two points which are as follows:-
" This is regarding misbehavior of Srig. Mukteswararao Jee, the then Supdated of Post Offices Khamman Division Khamman - 507 003. Against me on 10.04.2013 over phone. In this connection, I made a complaint to the Hon'ble Prime Minister of India Sri Narendra Modijee New Delhi - 1. The PMO inturn has forwarded to the Secretary Department of Posts, New Delhi for action.
My complaint letter might have been forwarded by the Secretary Dept. of Posts to the C.P.M.G. AP Circle Hyd - 1, and the C.P.M.G. inturn might have forwarded such complaint to the PMG Vijayawada region - 520 003.Page 2 of 7
CIC/POSTS/A/2018/174225 The PMG Vijayawada, vide this office (R No. PG) PMO/complaints/2016 dated 29.03.2016 has intimated at serial no. 3 as "The grievance does not support by any dependable evidence".
In the reference, the PMG VJ has cited the co letter no. PMG/PMO-06/2015-16 dated 04.03.2016 and endorsed copies to the D.D.G (PG-QAe1) Dak Bhawan New Delhi - 1 and to the PG Cell O/o. The C.P.M.G. AP Rule Hyd - 1.
In this issue kindly refer to my letter dated 31.03.2017 and your - 4 office letter no. PMG (H)/Est-1/RTI application/04/2017 dated 03.05.2017.
To my RTI application dated 21.03.2018, the CPIO the SPos Khammam DN has replied that no such enquiry reports available in this office and the enquires were made RO Vijayawada.
Hence, I request the kind authority to supply the following information under RTI Act, 2005 on time.
1) (a) Kindly intimate the date of receipt of the enquiry report from the PMG Vijayawada Region on bifurcation of the A.P. Circle.
(b) Kindly supply the xerox copies of the enquiry report alongwith the copies of the statements recorded from the staff. "
On 07.08.2018, CPIO PMG, Hyderabad Region, transferred the RTI application u/s 6(3) to the CPIO & SPO, Khammam Division. On 16.08.2018, CPIO, Khammam Division further transferred the RTI application to the PMG, Vijaywada Division. Being dissatisfied, the appellant filed first appeal dated 08.10.2018. FAA, vide order dated 06.11.2018, upheld the CPIO's reply dated 07.08.2018 and 16.08.2018.Page 3 of 7
CIC/POSTS/A/2018/174225 Grounds for Second Appeal:
The appellant filed second appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by 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 did not make himself present at the venue during video conferencing.
The respondent no. 1 submitted that since the information sought pertained to PMG, Khammam Division, therefore, the RTI application was transferred to Khammam vide letter dated 07.08.2018. The respondent no. 2 submitted that after bifurcation of A.P. State into Hyderabad and Telangana, the Khammam division comes under the jurisdiction of Vijayawada Division. The respondent no. 2 further submitted that, the RTI application was transferred to PMG, Vijaywada Division u/s 6(3) of the Act on 16.08.2018.
Respondent no. 3 relied on his written submission and submitted that as regards to the transfer of RTI application, the same was not traceable in the office. The respondent further submitted in his written submission that consequent to the bifurcation of A.P. state into Telangana & A.P., the Khammam Division was transferred from the jurisdiction of Vijaywada region to Hyderabad region in 2016 itself. As per the directions of Chief PMG of erstwhile A.P. circle, all the case files relating to Khammam Division were transferred to Hyderabad region.
A written submission dated 10.09.2020, filed by Shri U Yellamandaiah (Respondent no. 2 herein), CPIO, PMG, Khammam Division, was taken on record.Page 4 of 7
CIC/POSTS/A/2018/174225 A written submission dated 15.09.2020, filed by Shri J Srinivas (Respondent no. 1 herein), CPIO, PMG, Hyderabad Region, was taken on record.
A written submission dated 15.09.2020, filed by Asst. Director (Staff), PMG, Vijaywada Region (Respondent no. 3 herein), was taken on record.
Decision:
The Commission after hearing submissions of all the respondents and perusal of records expresses its displeasure with the casual approach adopted by the Respondent Public Authorities in disposing the RTI application. Instead of furnishing a categorical reply, the concerned CPIOs kept on transferring the RTI application merely to shift the burden. This indicates lack of seriousness in matters related to RTI. The approach adopted by respondent is severely admonished by the Commission. The Commission further observes that since the RTI application in question was addressed to The CPIO, Postmaster General, Hyderabad Region. Therefore, the Commission directs the CPIO, Postmaster General, Hyderabad Region to give a categorical reply to the appellant by taking assistance from the concerned Public Authorities u/s. 5(4) of the Act. The then CPIO, Postmaster General, Vijaywada Region is further directed to file an affidavit with the Commission, deposing that the RTI application in question alongwith letter dated 16.08.2018 in the instant matter was not received / traceable by the Respondent no.
3. A copy of the affidavit shall be provided to the appellant too. The aforesaid direction be complied within 15 days from the date of receipt of copy of this order, under the intimation to the Commission.Page 5 of 7
CIC/POSTS/A/2018/174225 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 (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date 17.09.2020 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 (HQ), Department of Posts, Office of the Chief Postmaster General, Hyderabad Region, Hyderabad - 500 001
2. The Central Public Information Officer Cum Asst. Director (Staff & Vig), Department of Posts, O/o. the Postmaster General, Hyderabad Region, Hyderabad - 500 001 Page 6 of 7 CIC/POSTS/A/2018/174225
3. The Central Public Information Officer Cum Supdt of Post Office, Department of Posts, Khammam Division, Dist. Khammam, Telangana - 507 003
4. The Central Public Information Officer Cum Supdt of Post Office, Department of Posts, Vijayawada Division, Dist. Krishna, A.P.
5. Mr. Ch. Sammaiah Page 7 of 7