Central Information Commission
J K Parmar vs Department Of Posts on 28 August, 2018
CENTRAL INFORMATION COMMISSION
(Room No.313, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi-110067)
Before Prof. M. Sridhar Acharyulu (Madabhushi Sridhar), CIC
CIC/POSTS/A/2017/136155
J K Parmarv. PIO, Department of Posts
Order Sheet: RTI filed on 28.01.2017, CPIO replied on 09.03.2017, FAO on 10.04.2017, Second
appeal filed on 22.05.2017, Hearing on 10.05.2018;
Proceedings on 16.08.2017: Appellant present. Public authority represented by Mr. R. S.
Chawda, CPIO. Directions and show cause issued.
Proceedings on 10.05.2018: Appellant present from NIC Ahmedabad, Public Authority
represented by Mr. K.S. Chawda, ADPS and Mr. A.R. Bharadwaj, ADPS from NIC Ahmedabad;
Date of Decision - 27.08.2018:Penalty dropped and disposed of.
ORDER
FACTS:
1. Appellant sought information: (1) How many vehicles are engaged for use department officer APMG (BD) and PMG (BD), describe the vehicle for its makes/model and registration number (RTO) (2) Kindly provide copies of maintained log book for use departmental vehicle, APMG (BD) and PMG (BD) (3) Kindly furnish the following information in respect of APMG(BD) and PMG (BD) Ahmedabad. 3.1. Transportation Allowance paid to above period (Officer-wise & Year wise) 3.2. provide catty of APMCT 4133) cd PAC (ED) for-Mdy. Only department (Official) purpose. 3.3. I may kindly be provided details of no. of kilometers usage by departmental vehicles month wise and vehicle wise since January-2014 to onwards with information of cost of fuel and maintenance expenditure incurred.
2. The CPIO replied that it was not so much request for information but was a set of question regarding how many vehicles are engaged for departmental officer. The applicant entitlement for information is only in respect of categories of information mentioned in Section 2(f). It is not open to an applicant to ask question to the public authority. The RTI Act does not cast on the public authority any obligation to answer questions.
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3. The public authority has denied information regarding the government vehicle, fuel utilised by the government vehicles, transport allowance, log book details, etc. in spite of its specific mention within Section 2 (f) of RTI Act:
(f) "information" means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force;
4. The reference of 'logbooks' in the definition of "information' clearly shows that the information related to extracts of logbooks and transport allowance and public vehicles is to be disclosed on demand by the public authorities.
5. Log book is a mandatory record of official car of the public servant, which documents the usage details along with places travelled. It reflects the official tours and travels of the public servant. No private car user maintains a log book for the usage of his private car. The log book neither contains any personal information nor there will be any invasion of privacy if the log book details are disclosed. The appellant in this case has alleged that the public servant has raised the bills for TA and DA while using the official car for that purpose. It is a direct allegation of corruption and misappropriation of public money, which can be verified by comparing the TA DA bills claimed and sanctioned and the log book records.
6. In fact, the public authority should have taken this RTI application as the complaint against double claim of travel allowance by public servant and inquired into the same. Surprisingly the CPIO quoted section 2(f) definition of 'information' and denied. This amounts to deliberate blindness of the CPIO towards written provisions of the RTI Act. It is a deliberate violation of RTI of the appellant.
7. The Commission's order dated 24.08.2017:
7. Hence the Commission directs the respondent authority to provide complete information sought including certified copies of relevant extracts of the log book and TA Bills mentioned, within 15 days from this date, under intimation to this Commission.
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8. The Commission directs the present CPIO Mr. RS Chawda and the CPIO who wrote the above reply in violation of the RTI Act to show-cause why maximum penalty should not be imposed against each of them, and why disciplinary action should not be recommended against each of them for illegally denying the information soughtby the appellant, before 20.09.2017.
9. The Commission also directs the public authority to show cause why it should not be ordered to pay compensation for above mentioned reasons, before 20.09.2017.
10. The Public Authority is expected to know that suppression of information is not only violation of RTI Act, but it also could be screening of evidence of corruption, which is a crime. The Commission also recommends the public authority to take cognizance of the allegation as complaint and inquire into it including the role of CPIOs in suppression of records, if any, and take appropriate action against the responsible persons.
Decision:
8. Shri R.S. Chavda, Asstt. Director Postal Service (Mails & BD) & CPIO wrote a letter to the appellant on 19.09.2017 vide letter no. RTI/JKP/2017, explained as under:
"In this connection, as per direction given by the Hon'ble CIC, New Delhi vide order No. CIC/POSTS/A/2017/136155 dated 24th August 2017, the requisite available information/records/material received from the custodian/CPIOs are supplied as under:
Point No. 01: The certified copy of information received from the Manager (Gr.A), Mail Motor Service, Ahmedabad vide his letter No. MMS/RTI Act- 05/JKP/2016-17 dated 18-09-2017 is attached herewith (Total Pages 04). Point No.02:
(i) The certified copy of the information related to maintaining log book for use of departmental vehicle for APMG (BD) is received from the Manager (Gr.A), Mail Motor Service, Ahmedabad vide his letter No. MMS/RTI Act-
05/JKP/2016-17 dated 18-09-2017 which consist pages (1) From SL No. 01 to 228 (For the year 2014), (2) From SL No. 01 to 296 (For the year 2015), (3) From SL No. 01, 1-A to 224 (For the year 2016) & (4) From SL No. 01 to 138 (For the year 2017) are attached herewith.
(ii) The certified copy of information related to maintaining log book for use of departmental vehicle for PMG (BD) is received from the Postmaster General, HQ Region, Ahmedabad-380004 vide his note No. RTI/JKP/2017 dated 07-09-2017 in which it is stated that the information for logbooks up to 30-06-2016 are not available with him as it has been disposed-off, while the information for the period from 01-07-2017 to 30-06-2017 consists pages SL. No. 01 to 69 are attached herewith respectively.
Point No. 3.1 & 3.2: The certified copy of information related to transportation allowance paid to PMG (BD) & APMG (BD) year wise and copy of declaration given by both the officers received from the APMG (SB, A&P), O/o the Chief Postmaster General, Gujarat Circle, Ahmedabad-380001 vide letter No. A&P/3-15/RTI/2017 dated 13-09-2017 which consist pages SL No. 01 to 04 attached herewith.
CIC/POSTS/A/2017/136155 Page 3 Point No. 3.3: The certified copy of information regarding kilometres, fuels & maintenance costs used by vehicle No. GJ-18G-5727/09 for the period from January-2014 to July-2017 received from the Manager (Gr. A), Mail Motor Service, Ahmedabad vide his letter No. MMS/RTI Act-05JKP/2016-17 dated 18-09-2017 is attached herewith as Annexure-A. The certified copy of information regarding kilometres& fuels used by vehicle No. GJ-1G-4772 (used by PMG BD) for the period from April-2014 to April-2017 received from the ADPS (Mails), O/o the Chief Postmaster General, Gujarat Circle, Ahmedabad-380001 vide his letter No. Est.A/9-RTI Act/2015-16 dated 14-09-2017 which consist pages SL No. 01 to 02 are attached herewith."
9. Shri R.S. Chavda, Asstt. Director Postal Service (Mails & BD) & CPIO in his written submissions dated 20.09.2017 vide letter no. RTI/JKP/2017, explained as under:
"With reference to above, as per direction given by the Hon'ble CIC, New Delhi vide interim order No. CIC/POSTS/A/2017/136155 dated 24th August 2017 vide point no.7 the requisite available information/records/material obtained from the custodian/CPIOs and the same has been supplied to the Appellant Shri J.K. Parmar on 19.9.2017.
With reference to point No. 8 & 9 of the said interim order, with due respect it is submitted that in connection RTI application of Shri J.K. Parmar dated 30.01.2017 being a CPIO the information called for from the custodian of the information i.e. PMG(BD) & APMG(BD) vide office note No. ESTA/9- RTIAcr/2015-16 dated 02.03.2017. In this regard PMG (BD) informed vide his reply dated 2.3.2017 that he is not interest to disclose the information. APMG (BD) informed vide his reply dated 3.3.2017 that no inspection vehicle was allotted to APMG (BD) & further intimated that vehicle was allotted to BD Cell hence question does not arise for option of transportation allowances & replied that he is not interested to disclose the information of his pay and allowances.
Sir, on the basis of above facts the applicant Shri J.K. Parmar was replied by me as a CPIO on 9.3.2017. There was no any intention to denied the available information to the applicant. However, I Shri R.S. Chavda, the then CPIO & AD (Mails) O/o Chief PMG, Gujarat Circle Ahmedabad apologize for reply given to the applicant & applicant & assured your Honoured be careful in future.
Kindly consider by above submission with sympathy."
The Asst. Director Postal Services (Mails, Estt. &Plg.), O/o. Chief Postmaster General in his submission dated 13.04.2018, explained as under:
"This is in relation to the interim order dated 24.08.2017 from the Hon'ble CIC pertaining to RTI application of Shri JK Parmar dated 28.01.2017. The Commission directed the respondent authority to provide complete information sought, including certified copies of the relevant extract of the lof book and TA Bills within 15 days under intimation to the Commission. The CIC/POSTS/A/2017/136155 Page 4 order was complied by Shri R.S. Chavda the then CPIO vide no. RTI/JKP/2017 dated 19.09.2017 and the status of the case was intimated to the Commission vide letter No. RTI/JKP/2017 dated 20.09.2017.
2. In Para 10 of the interim order dated 24.08.2017 from Hon'ble CIC it was stated that "suppression of information is not only violation of RTI act, but it also could be screening evidence of corruption, which is a crime. The Commission also recommends taking cognizance of allegation as compliant and inquiring into it including the role of CPIO in suppression of records, if any, and taking the appropriate action against the responsible persons".
3. In his explanation dated 20.09.2017 the then CPIO stated that he had no intension to deny the available information to the applicant. He apologized to the Commission in unambiguous words and assured the Commission that he would be more careful in future.
4. Meanwhile, being directed by the competent authority the office in- charge of the Vigilance Section of the O/o Chief PMG got the role of the then CPIO thoroughly inquired. The inquiry did not establish that CPIO had intentionally suppressed or had intentionally denied information to the applicant. In all probability it seems that the then CPIO had misinterpreted the provisions of the RTI Act. It was a case of lack of understanding of the issue.
5. The competent authority after due cognizance of the report of the office in-charge of the vigilance branch of the O/o CPMG observed that no criminal intention or conspiracy towards corruption was established in the act of the then CPIO which could call for initiation of the disciplinary proceedings against him. However, his lack of understanding and due diligence in his part was well established. Considering his unblemished past service record of the officer, the competent authority issued a severe "Warning" to the then CPIO with the expectation that the officer would be more alert in future in processing of the matter relating to RTI Act.
6. Meanwhile the office also stands transferred out from the O/o the CPMG, Gujarat Circle, Ahmedabad."
9. In view of the above, the Commission directs the respondent authority to facilitate inspection of records and provide certified copies of all the selected documents, free of cost, within 10 days from the date of receipt of this Order. The explanation of the officer is satisfactory, hence penalty proceedings are dropped. Disposed of.
SD/-
(M.Sridhar Acharyulu)
Central Information Commissioner
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