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P C Kuttappan vs Department Of Posts on 18 June, 2024

                                    के ीय सूचना आयोग
                            Central Information Commission
                                 बाबा गंगनाथ माग,मुिनरका
                             Baba Gangnath Marg, Munirka
                               नई िद   ी, New Delhi - 110067
ि तीय अपील सं        ा / Second Appeal No. CIC/POSTS/A/2023/109487

 P C Kuttappan                                                 ... अपीलकता/Appellant

                                       VERSUS
                                        बनाम
 CPIO: Department of Posts,
 Kerala                                                    ... ितवादीगण/Respondent



Relevant dates emerging from the appeal:

 RTI : 07.10.2022              FA      : 25.11.2022            SA     : 24.02.2023

 CPIO : 31.10.2022             FAO : 20.12.2022                Hearing : 12.06.2024


Date of Decision: 14.06.2024
                                       CORAM:
                                 Hon'ble Commissioner
                               _ANANDI RAMALINGAM
                                      ORDER

1. The Appellant filed an RTI application dated 07.10.2022 seeking information on the following points:

 Sub: Not getting postal Registration Certificate from Kattappana Head Post Office regarding.

 Ref: Bizni Cable TV and Broadcasting Centre, Kuttikkanam vide No. KTP/CTV/LIC/2021-22/043 Page 1 of 4  On 3-10-2022 I submitted application as per above subject and Reference, and as per Act 3 and 4 of the Cable Television Network (Regulation) Act 1995 Act no. 7 and as per Rule 3(1) and form 2 Rule 3 (1-3) to Kattappana Head Post Office......

(i) For above said matters is there any remarks in laws for our application for registration certificate submitted on 03-10-2022.

(ii) For that matters in which law it is specified for buying two set application set dated 03-10-2022 and two passport size photos as by Kattappana Head Post Office? Please give the copy of that law.

(iii) Is there any Head Post Office in India that conduct investigation with branch post master and then putting one month interval for issuing Registration Certificate? If so, which law? Please issue copy of it.

(iv) As sir, you studied the matter in our application dated 03.10.2022 for Registration Certificate, Is there any law against for issuing Registration Certificate? If so please provide copy of that rule.

(v) When will we receive Registration certificate and which date from Kattappana Head Post Office?

2. The CPIO replied vide letter dated 31.10.2022 and the same is reproduced as under:-

"Reply is not furnished as the issue raised by your application are not covered within the ambit of information as per section 2(f) of RTI ACT-2005. And also CPIO is not supposed to create information, or to solve the problems raised by the applicant or to furnish replies to hypothetical questions viz. whether, what, reasons etc (in accordance with Govt of India, Ministry of Communication, Dept of Posts Lr. No. C-14013-01-2019-RTI-VP dtd 06.02.2019."

3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 25.11.2022 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 20.12.2022 upheld the reply given by the CPIO.

4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 24.02.2023.

5. The appellant remained absent and on behalf of the respondent Ms. Fayaz, SSPO attended the hearing through video conference.

6. The respondent while defending their case inter alia submitted that queries sought by the Appellant are in the nature of presumptive questions and since information sought does not come under the purview of section 2(f) of RTI act 2005, the reply was furnished accordingly. The appellant refers to certain instances having no relation to the information sought by him, he said. Additionally, the written submissions of the Respondent vide letter dated 05.06.2024 are taken on record by the Commission, as per the written submission it has been informed that the Cable TV license certificate is issued by Postmaster, Kattappana HO on 10.10.22, within a week of application of the same.

7. The Commission after adverting to the facts and circumstances of the case, hearing the Respondent and perusal of records, observes that the Respondent has provided an appropriate reply to the RTI Application. Further, in the absence of the Appellant to plead his case or contest the Respondent's submissions, the Commission finds no scope of intervention in the matter. With this observation, the appeal is dismissed.

Copy of the decision be provided free of cost to the parties.

Sd/-

(Anandi Ramalingam) (आनंदी रामिलंगम) Information Commissioner (सूचना आयु ) िदनां क/Date: 14.06.2024 Authenticated true copy Col S S Chhikara (Retd) कनल एस एस िछकारा ($रटायड) Dy. Registrar (उप पंजीयक) 011-26180514 Page 3 of 4 Addresses of the parties:

1. The CPIO Department Of Posts, O/o The Superintendent of Post Offices, Idukki Division, Thodupuzha, Kerala - 685584

2. P C Kuttappan Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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