Central Information Commission
Mr. Md. Salim Qureshi vs Sr. Supdt. Of Post Offices, Department ... on 3 December, 2008
Central Information Commission
CIC/MA/A/2008/01341/AD
Dated December 03, 2008
Name of the Appellant : Mr. Md. Salim Qureshi,
S/o. Admad Baksh Kureshi,
47, Sudama Nagar,
Ujjain,
Name of Public Authority : The CPIO
Sr. Supdt. Of Post Offices
Department of Post
Ujjain- 456 010.
This case may be seen together with cases 1342,1379,1380.
Background
1. The RTI request was filed on 4.2.08. The Appellant requested for certified copies of the MIS Account that he had opened at the Post Office, Behugarh, Extra Departmental Sub Office (EDSO), Ujjain (MP). This MIS account amounting to Rs.12,000/- was opened on 4.2.04. The CPIO replied on 3.3.08 stating that the information cannot be provided as per Section 8(1) (g) of the RTI Act. He did not given any other reason for denial of information to the Appellant. The Appellant filed his first appeal on 28.3.08 reiterating his request for the information. The Appellate Authority replied on 30.4.08, upholding the CPIO's decision but stating that the denial of information ought to have based on Section 8(1) (h) instead of 8(1) (g) of the RTI Act. The Appellant filed his second appeal before the CIC on 26.7.08. He stated that the officers of the postal department had willfully denied him information and once again reiterated his request for payment of Rs. 12000 which he had deposited in the MIS account.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, heard the matter on November 05, 2008.
3. The Appellant was not present at the hearing.
4. Mr. H.C. Khadse, SSPOS & CPIO, Ujjain, Mr. L.K. Mitthankheehwak, ASPOS, Indore and Mr. Ravindra Sharma, ACPIO represented the Public Authority.
Decision
5. The Respondents submitted that the Appellant had deposited Rs.12,000/- with Mr. Sanjay Saxena, Post Master, Behugarh, Extra Departmental Sub Office (EDSO), Ujjain (MP) and that the Post Master instead of opening the MIS account ,opened a Saving Bank Account for Rs.60 in the name of the Appellant without the Appellant's consent and pocketed the remaining amount. The Respondents also stated that the Post Master is involved in several other such fraud cases and that an FIR had been lodged against him and a criminal case is pending against him. At present Mr. Sanjay Saxena is out of the prison on bail. The Respondents further submitted that they do not have any records relating to the Appellant's MIS Account and that all they possess are documents related to the Rs.60/- Saving Bank Account that was opened by Mr. Sanjay Saxena.
6. The Commission directs the CPIO to provide an affidavit to the Appellant stating that the Post Office in Ujjain has no record related to the Appellant's MIS Account and send a copy of the same to the Commission. The CPIO is also directed to provide certified copies of all documents related to the Savings Account of the Appellant including the receipts for Rs.60, relevant pages from the ledger book, Pay-in- Slip, index card etc. to the Appellant. All information to be provided to the Appellant within 10 days of the receipt of this Order.
7. The appeal is disposed off.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(K.G.Nair) Designated Officer Cc:
1. Mr. Md. Salim Qureshi, S/o. Admad Baksh Qureshi, 47, Sudama Nagar, Ujjain.
2. The CPIO-RTI, Sr. Supdt. Of Post Offices, Department of Post, Ujjain-456 010.
3. The Appellate Authority, RTI O/o Post Master General , Indore Circle, Indore.- 452 001
4. Officer incharge, NIC
5. Press E Group, CIC