Central Information Commission
Mrj Suryanarayana vs Department Of Posts on 13 February, 2015
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/BS/A/2014/000540+000554/6993
13 February 2015
Relevant Facts emerging from the Appeal:
Appellant : Mr. J. Suryanarayana
Asstt. Postmaster
Head Post Office, Vizianagaram,
Vizianagaram HO-535002
Andhra Pradesh
Respondent : CPIO & Superintendent of Post Offices
Department of Posts
Parvatipuram Division
Parvatipuram-535501
RTI application filed on : 28/10/2013 & 29/10/2013
PIO replied on : 26/11/2013 & 14/11/2013
First appeal filed on : 10/12/2013 & 12/12/2013
First Appellate Authority order : 16/01/2014
Second Appeal dated : 12/04/2014 & 12/04/2014
Information sought:-
File No. CIC/BS/A/2014/000540 The applicant has sought the following information:-
1. Copies of the enquiry reports along with copies of their enclosures, of the officers who enquired into the complaints made by Smt. P Ramalaxmi and Sri P Haranath baba of Parvatipuram Town, in Sept. 2009 and Dec 2009 against me, against Sri S. Anandarao and against Smt. V Padmavatamma who worked as SPM Parvatipuram Town during 2006 to 2009, alleging irregular closure of their MIS Accounts 9449, 9560, 9657, 9658 and 9799 and RD accounts No. 28960 and 29711 standing at Parvatipuram Town and also supply copies of statements obtained from the above complainants and other persons during the enquiries.
2. Did your office send reports to the Postmaster General, Visakhapatnam on the alleged irregular closure of MIS Account No. 9799 and RD Accounts No. 28960 and 29711, of Smt. P Ramalaxmi and Sri P Haranath baba, by Sri. S Anandarao and Smt. V Padmavatamma during the period 2007 to 2009 as done by your office in my case? If so supply copies of details of such reports.
3. Intimate the nature of action taken against Sri S. Anandarao and Smt. V Padmavatamma by your office on the complaints of Smt. P Ramalaxmi and Sri P Haranath baba of Parvatipuram Town against them alleging irregular closure of their MIS account No. 9799 and RD Accounts no. 28960 and 29711 standing at Parvatipuram Town SO.
4. Copy of Divisional level inquiry report of the Supdt. of Post offices, Parvatipuram along with copies of its enclosures, on the complaints of Smt. P Ramalaxmi and Sri P Haranath baba of Parvatipuram Town alleging irregular closure of their MIS Accounts No. 9449, 9450, 9560, 9657, 9658 and 9799 and RD Accounts no. 28960 and 29711 standing at Parvatipuram Town during the period from 2006 to 2009.
5. Copy of Circle Level Inquiry Report conducted by the Director of Postal Services, O/o the PMG, Visakhapatnam along with copies of its enclosures, on the complaints of Smt. P Ramalaxmi and Sri P Page 1 of 4 Haranath baba of Parvatipuram Town alleging irregular closure of their MIS Accounts No. 9449, 9450, 9560, 9657, 9658 and 9799 and RD Accounts no. 28960 and 29711 standing at Parvatipuram Town during the period from 2006 to 2009.
6. Did your office refer the warrant of payment dated 22/08/2007 of MIS Account No. 9799 and paid warrants of payment dated 06/01/2009 and 17/09/2008 relating to RD Accounts no. 28960 and 29711, alleged to have been irregularly closed by Sri S Anandarao and Smt. V Padmavathamma along with the specimen signatures of the complainants to the Director of Andhra Pradesh Forensic Science Laboratory, Hyderabad for comparison and obtained their opinion, as done by your office, in my case? If so, what was the opinion furnished by the Director of APFSL, Hyderabad in those cases?
7. Did Your officers, enquire Smt. B Hema Kumari, the NS Agent against whom the complainants alleged that she closed their MIS Accounts no. 9449, 9450, 9450, 9560, 9657, 9658 and 9799 and RD Accounts no.
28960 and 29711 standing at Parvatipuram Town, in collusion with the SPMs Parvatipuram Town who worked during the period from 2006 to 2009? Supply copy of the enquiry reports of the officers along with copies of its enclosures.
8. Smt. P Ramalaxmi and Sri P Haranath baba of Parvatipuram Town forwarded letter in Dec 2009 to your office giving copies to the Postmaster Parvatipuram HO and the Tehsildar, National Savings, Collectors office, Vizianagaram, withdrawing their complaints against me and the two other officials, on alleged irregular closure of their MIS accounts MIS accounts No. 9449, 9450, 9560, 9657, 9658 and 9799 and RD accounts no. 28960 and 29711 standing at Parvatipuram Town.
8(a) On what date the letters of withdrawal of their complaints were received in your office? Did your office, enquire the complainants about the reasons for withdrawal of their complaints? 8(b) Furnish the details of the enquiries made with them and its result, the nature of action taken by your office on the letters of withdrawal of their complaints by Smt. P Ramalaxmi and Sri P Haranath baba of Parvatipuram Town and supply copies of statements obtained from the complaints.
9. Supply copies of Inspection reports and visit Reports on Parvatipuram Town of the officers who inspected/visited Parvatipuram Town SO during the years 2006, 2007, 2008 and 2009.
10. Supply copies of reports sent by your office in file no. F4-1/2011-12 regarding alleged fraudlent withdrawals in MIS accounts no. 9499, 9450, 9560, 9657, 9658 and RD account no. 28960 standing at Parvatipuram Town NDT SO, to the Supdt of Post Offices, Viziangaram asking for recovery of the amount paid in the above accounts and the penal interest thereon and
11. Supply copies of the following letters issued by Postal Directorate on payments of Rs. 20,000/- and above by cheques only.
i) 95-8/98-SB dated 18/08/1999.
ii) 5-20/UP-06/2000-inv dated 28/29.08.2001.
iii) 113-11/2003-SB dated 10/01/2006 and 08/12/2006.
iv) DO letter No. 10-1/2006-inv dated 18/07/2006 from Secretary (posts)
v) 10-1/2006-inv dated 21/12/2006
vi) 113-11/2003-SB dated 28/09/2006 and 19/02/2008 File No. CIC/BS/A/2014/000554 The applicant has sought the following information:-
1. Supply copy of the report received from Supdt of Post offices, Parvatipuram Division in file no. F4-1/2011-12 regarding alleged fraudulent withdrawals in MIS accounts no. 9449, 9450, 9560, 9657, 9658 and RD Account no. 28960 standing at Parvatipuram Town NDT SO which was referred to in your letter no. Inv/MISC/PPuram/2011 dated 18/11/2011 directing me to credit the amount of Rs. 2,04,633/-
2. Supply copy of Supdt. of Post Office, parvatipuram letter no. F4-1/2011-2012 dated 09/01/2012 referred to in your office letter no. Inv/MISC/PPURM/2011-2012 dated 06/02/2012 directing me to credit an amount of Rs. 37,807/-
3. Intimate from whom the draft charge sheet under Rule 14 of CCS (CCA) Rules, against me alleging irregular closure of MIS Account of Smt. P Ramalaxmi and Sri P Haranath baba of Parvatipuram Town during 2007 to 2008 was received? Whether from the office of PMG Visakhapatnam or from the Supdt. of Post office, Parvatipuram?
4. Were all the documents listed in the Annexure III to Rule 14 charge sheet issued in Memo no.
Inv/Misc/PPURM dated 19/12/2012 issued to me by your office on the above subject, were received in your office, along with the draft rule 14 charge sheet or not? If all the documents were not received along with the draft Rule 14 charge sheet, name those documents which and the dated on which they were received.
Page 2 of 45. Furnish the number of MIS accounts closed prematurely/on maturity year wise, during the years 2006, 2007 and 2008 under Vizianagaram Division, in which amounts payable is Rs. 20,000/- or more and payments were made by cash instead of by cheques and the number of officials against whom disciplinary action was taken by your office for effecting payments in cash instead of cheques. Furnish the information in the following form.
Year wise
Sl. No. ITEM 2007 2008 2009
1 No. of MIS accounts closed prematurely
In which amounts payable was 20,000/- and above
and payments were made by cash
1 (a) No. of officials, against which disciplinary action
was taken.
i. No. of cases under Rule 16 of CCS CCA
Rules
ii. No. of cases under Rule 14 of CCS CCA
Rules
iii. No. of cases in which action taken other than
under Rule 16 or Rule 14 of CCS CCA
Rules.
2) No. of MIS accounts closed on maturity
In which amounts payable was 20,000/- and above
and payments were made by cash
2 (a) No. of officials, against which disciplinary action
was taken
i. No. of cases under Rule 16 of CCS CCA
Rules.
ii. No. of cases under Rule 14 of CCS CCA
Rules
iii. No. of cases in which action taken other than
under Rule 16 or Rule 14 of CCS CCA
Rules
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. J. Suryanarayana through VC
Respondent: Mr. M M Rao CPIO Vizianagaram & Mr. Wnagaditya Kumar CPIO Parvatipuram through VC The appellant stated that in both the appeals he is seeking interrelated information and hence they may be heard together and disposed of by a common order.
Page 3 of 4He further stated that he has been chargesheeted and is seeking certain documents from the respondent to defend himself in the departmental proceedings. The CPIO stated that disciplinary proceedings are in progress against the appellant and any pre-mature disclosure of information would impede the enquiry. He claimed exemption under Section 8(1)(h) of the RTI Act. To a query the CPIO admitted that the employee has a right to obtain the documents relating to himself from the Inquiry Officer (IO) and if he applies to the IO the documents will be provided. The appellant agreed.
Decision notice:
It is seen that the full bench of this Commission in its order dated 28/11/2014 (File No.CIC/SM/A/2012/001020 - A K Agrawal V/S RIL) has held as under: -
"14. This Commission in its decision dated 10.7.2007 in Appeal No. CIC/AT/A/2007/0007, 10 & 11 (Shankar Sharma & Others Vs. DGIT) observed that the term 'investigation' used in section 8(1)(h) of the Act should be interpreted broadly and liberally and that no investigation could be said to be complete unless it has reached a point where the final decision on the basis of that decision is taken. This Commission in CIC/AT/A/2007/007/00234 - K.S.Prasad vs SEBI, observed that "...as soon as an investigation or an enquiry by a subordinate Enquiry Officer in Civil and Administrative matters comes to an end and, the investigation report is submitted to a higher authority, it cannot be said to be the end of investigation. ... which can be truly said to be concluded only with the decision by the competent authority." This Commission in CIC/DS/A/2013/000138/MP - Narender Bansal vs Oriental Insurance Co. Ltd., has held that the investigation in the matter was complete but further action was under process, and hence it attracted section 8(1)(h) of the Act."
In the present case the inquiry is in progress. The CPIO has claimed exemption under Section 8(1) (h) of the RTI Act. We do not find any legal flaw in the stand taken by the respondent. The information cannot be disclosed at this stage.
The matter is closed.
BASANT SETH Information Commissioner Authenticated true copy:
(R. L. Gupta) Dy. Registrar/Designated Officer Page 4 of 4