Central Information Commission
Shri G.P.Das vs Dept. Of Posts, Nellore on 5 October, 2009
Central Information Commission
CIC/AD/A/2009/001142
Dated: October 5, 2009
Name of the Applicant : Shri G.P.Das
Name of the Public Authority : Dept. of Posts, Nellore
Background
1. The Applicant filed an RTI application dt.28.2.09 with the CPIO, DoP, Nellore. He requested for Rule 14 charge sheets regarding reports, censures of 8 subsidiary offenders in Kavali HO fraud case. The CPIO replied on 3.3.09 denying the information u/s 8(1)(h) as the disclosure would impede the process of investigation. Not satisfied with the reply, the Applicant filed an appeal dt.12.3.09 reiterating his request for the information. The Appellate Authority replied on 30.3.09 stating that the information sought is exempted from disclosure as per section 8(1)(h) of the RTI Act and also as per instructions contained in Postal Dte, DDG (PG & QA) D.O. letter dt.17.5.05. Being aggrieved with the reply, the Applicant filed a second appeal dt.16.7.09 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing on October 5, 2009.
3. Shri S.V.Sivaprasad, Supdt. of Post Offices and CPIO represented the Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. The Respondent submitted that the Appellant is an Advocate who is appearing on behalf of Mr.C.H.Ranga Rao who is an accused in the Kavali HO fraud case. He stated that Mr.Ranga Rao along with Mr.Subbaraya Naidu has been identified as main offenders in the case of fraud in Kavali Ho involving Rs.7,59,952/-. The CBI had registered a case against them and the trial is going in the CBI Court, Vishakhapatnam against CC No.21/08 since last six months and is yet to reach finality. He also added that another Departmental investigation is going on against Mr.Ranga Rao who has been involved in a second fraud case amounting to Rs.4,17,152.85. He further added that in the first case, charge sheets have also been issued to 8 subsidiary offenders under Rule 14 of CCS (CCA) Rules, 1965 and that 8 offenders had credited voluntarily to the post office Account their share of transaction amount as part of the fraud detected for which they were held responsible. In other words, subsidiary offenders voluntarily paid their share and as admitted by the Respondent the case against them is, therefore, closed. He, however, brought to the attention of the Commission the letter dt. 17.10.05 from the DDG (PG & QA) to the Pr. CPMG, A.P. Circle stating that documents relating to investigation of complaint of corruption against officers of the Department and documents relating to disciplinary cases are secret/confidential in nature and stated that information was also not provided in the light of this letter.
6. After hearing the submission, the Commission holds that since investigation against the 8 subsidiary offenders had concluded and chargesheets have been issued to them and also since the offenders paid back the money and the case is closed as far as they are concerned, denial of information u/s 8(1)(h) does not apply in this case and directs the CPIO to provide the information requested by the Appellant in his RTI application, to the Appellant, by 10.11.2009.
7. The appeal is accordingly disposed of.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Asst. Registrar Cc:
1. Shri G.P.Das H.No.10-50-20 B Kacherimitta SPSR Nellore District Kavali 524 201
2. Shri S.V.Siva Prasad The CPIO & Supdt. of Post Offices Nellore Division Nellore 524 001
3. The Appellate Authority Department of Posts O/o Post Master General Vijayawada Region Vijayawada 520 010
4. Officer in charge, NIC
5. Press E Group, CIC