Central Information Commission
Daitari Swain vs Department Of Posts, Bhubaneswar. on 7 October, 2009
Central Information Commission
CIC/AD/A/2009/001085
Dated 7 October, 2009
Name of the Applicant : Daitari Swain
Name of the Public Authority : Department of Posts, Bhubaneswar.
Background
1. The Applicant filed his RTI application on 18.02.09 with the CPIO, Department of Posts, Bhubaneswar, requesting for information against three points related to the ongoing CAT case and the letters written by Directorate of Business Development regarding conveyance allowance and reimbursement of fuel charges etc. The CPIO replied on 16.03.0di9 providing point wise information. Not satisfied with this reply, the Appellant wrote his First Appeal on 08.04.09 commenting on the information provided by the CPIO and requesting the Appellate Authority to direct the Competent authority to take action on various issues e.g. Rs.50,000/- for the education of children and for health food, Rs.5,000/- towards travel to office and back Rs.1,000/- per month for the petrol for his motor cycle etc. The Appellate Authority replied on 26.5.00 stating that the CPIO had furnished complete information and that the Appellant has requested for redressal of grievances of service holders relating to service matters which do not fall within the ambit of the RTI Act, 2005. Being aggrieved with this reply the Appellant filed his Second Appeal before the CIC on 11.07.09 with a request to consider positively the prayer in his appeal to the First Appellate Authority.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing on 7 October, 2009.
3. Mr. Debraj Sethi, (IPO) Manager, NSPC, BBSR represented the Public Authority during the hearing.
4. The Applicant was not present during the hearing.
Decision
5. The Respondent submitted that the case relates to post men who are paying Re.1/- per kilometer towards conveyance for delivery of speed post articles since 14.1.1998, besides Re.0.50 paise as incentive for each article deliver. The incentive of Rs.0.50p per speed post article delivered was being paid to speed postman vide Directorate letter No.43-17/90-D dated 24.12.1990. The payment of Rs.1/- per km was on temporary basis. Hence the case was referred to the Business Development Directorate. The Directorate vide letter No.36-1/2000-BD dated 23.04.2001 had directed regulation of the conveyance allowance as per provision contained in S.R-25. The said Directorate letter No.36-1/2000-BD dated 23.04.2001 was circulated to all concerned vide CPMG (Orissa) letter no.ML/17-24/94(Corr) dated 31.08.2001. Accordingly the conveyance allowance @ 425/- per man per month was given w.e.f. 6.10.01 along with incentive of Rs.0.50 p per delivered article and payment of Rs.1/- per km towards conveyance allowance was discontinued.
The Respondent added that being aggrieved with the decision taken by the Directorate, the Speed Postmen filed a petition before Asst. Labour Commission (Central), Bhubaneshwar. The Speed postmen not being successful in the court of Asst. Labour Commission filed O.A.s Nos.686 & 726 to 731 in CAT Cuttack Bench. The CAT vide their common order dated 08.08.2006 directed the Department of examine the matter afresh in case Rs.1/- is being paid in other Divisions. The SSPOs, Bhubaneswar Division referred the matter to the O/O the Chief P.M.G, Orissa to know if conveyance allowance @ Rs.1/- is being paid in other Divisions. O/oChief PMG. Vide its letter no. LC/69-65/2005 dated 13.10.2006 intimated that payment of Re.1/- per km was not effected in any Division beyond 06.10.2001 except Sundergarh Division. According to the Respondnet, the SSPOs, Bhubaneswar vide his letter no.G-CAT-686/2005 dated 19.10.06 had examined the case as per orders of Tribunal dated 08.08.06 and rejected the claim for payment of Re.1/- per km as conveyance allowance.
5. The Commission holds that the decision taken by SSPOs is an administrative decision and that there is no reason for the Commission to interfere in such matters and that the relief being sought by the Appellant with regard to various payments/allowances is beyond the ambit of the RTI Act.
7. The appeal is accordingly rejected.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G. Subramanian) Assistant Registrar Cc:
1. Mr. Daitari Swain, Plot No. 254 F, Sector - 7, C.D.A., Bidanasi, Cuttack.
2. The CPIO Department of Posts, O/o the Sr. Supdt of Post Offices, Bhubaneswar Division, Bhubaneswar-751009.
3. The Appellate Authority, O/o the Chief Postmaster General, West Bengal Circle, Kolkata-700012.
4. Officer in charge, NIC
5. Press E Group, CIC