Central Information Commission
Mrsri Swapan Ray vs Department Of Posts on 25 February, 2016
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/BS/C/2013/000165/9812
25 February 2016
Relevant Facts emerging from the Complaint:
Complainant : Mr. Swapan Roy,
PA Barasat HO Post,
P.S. Barasat, Kolkata - 700124
Respondent : CPIO / Superintendent of Post Offices,
Department of Post,
O/o the Superintendent of Post Offices,
Barasat Postal Division,
Barasat - 700124, Kolkata
RTI application filed on : 14/06/2013
Complaint dated : 12/08/2013
Information sought:
i) The appellant have been chargesheeted vide memo no. F2-6/97-98/S.Roy/Disc-II dated 21/09/2012 & F2-6/97-98/S.Roy/Disc dated 23/12/2009. Supply copies of all notesheets of the said files.
ii) A letter dated 31/05/2013 a/t the Chairman, National Commissioner for Schedules Caste, Delhi - 110003 alongwith five copies for onward forwarding to all mentioned in the letter. Supply the date of forwarding of each copy. If not, intimate the circumstances in details of non-forwarding.
iii) The chargesheet vide your memo no. F2-6/97-98/S.Roy/Disc-II dated 21/09/2012 which was defective but you imposed penalty of recovery. In this regard supply the copies of rules in respect of following action:
a) the charges have not been established as the Rule cited in the chargesheet has no existence but you awarded penalty.
b) The Member (P) directed you to issue fresh chargesheet citing Rule- 80(19) vide his no. C-17014/05/2012-VP dated 29/05/2012 but you did not follow his directive. Intimate the circumstances of ignoring the directive,
c) The chargesheet was not framed in accordance with the principles as laid down in Rules 106,107,111 of the Postal Manual Vol.III and DGP&T No. 114/176/78-Disc.II dated 13/02/1981 for which penalty of recovery cannot be awarded. But you did not follow the Rules/ instruction. Intimate the circumstances in details under which you acted against the departmental Rules/instruction in force. If there is any supporting document, supply copy.
d) The chargesheet was issued for violation of Note-1 below Rule - 75(1) of Postal Manual Vol.-I but you did not mention it in your final order memo no. F2-6/97-98/S. Roy/Disc-II dated 07/06/13. Instead of it you mentioned Note: (i) below Rule 75(1) of Postal Manual Vol.-I Moreover Note: (i) below Rule-75 (1) was enacted long after the occurrence of the fraud you cannot give it retrospective effect from any distant back Page 1 of 2 date. But you tried to do so. Provide the circumstances under which you did such irregular performances.
e) I was chargesheeted first on 23/12/2009. The case is not yet finalized. Provide the circumstances in details for such abnormal delay.
iv) A appeal dated 11/06/13 was submitted, following information is required in respect of it:
a) Copy of forwarding letter a/t the appellate authority alongwith copy of parawise comments.
b) Copy of forwarding letter a/t the Chairman, National Commission for SC. If not, the circumstances of non-forwarding.
v) Firoj Khan, Postman, Basirhat HO has deep intimacy with you. It is learnt that he acts as your personal agent and travels throughout the Division & he attends you at every tour spot in and around Basirhat. Kindly intmate the circumstances of such activities.
Grounds for the Complaint:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present Complainant: Absent Respondent: Mr. S Ghosh CPIO's representative through VC M: 09933985722 The complainant was given an opportunity to participate in the hearing but he is absent. The CPIO's representative stated that the applicant had filed an RTI application dated 14/06/2013 which he withdrew vide his letter dated 03/07/2013. He further stated that subsequently he filed another application on 08/07/2013 which was duly replied vide letter dated 03/09/2013 providing all information.
Decision notice:
The CPIO's representative has submitted that the information requested by the applicant has been provided vide letter dated 03/09/2013. The complainant has not availed the opportunity to appear before the Commission to canvass his case/contest the CPIO's representative's submissions. In the above circumstances we are unable to provide any relief.
The matter is closed.
BASANT SETH Information Commissioner Authenticated true copy:
(R. L. Gupta) Dy. Registrar/Designated Officer Page 2 of 2