Central Information Commission
Venu Gopala Paidi vs Department Of Posts on 28 September, 2020
CIC/POSTS/A/2018/165291
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/POSTS/A/2018/165291
In the matter of:
Venu Gopal Paidi ... अपीलकता/Appellant
VERSUS
बनाम
CPIO ... ितवादीगण /Respondent
& Section Officer (SPB-I),
Department of Posts,
Sansad Marg,
New Delhi
Relevant dates emerging from the appeal:
RTI : 05.03.2018 FA : 16.05.2018 SA : 30.10.2018
CPIO : 22.03.2018 FAO : 22.06.2018 Hearing : 23.09.2020
Page 1 of 7
CIC/POSTS/A/2018/165291
The following were present:
Appellant: Heard over the phone
Respondent: Shri Manmadharao, Assistant Director, CPI, present through VC &
Shri Rajeev Yadav, Section Officer, Department of Posts, Delhi, heard over the
phone.
ORDER
Information Sought:
The appellant filed an RTI application on 05.03.2018 and sought information on two points which are as follows -
a) "Please provide copies of DG post letter No. 47-1/2004-SPB dated 02 Nov. 2004 51 2/2003-SPB dated 10 Nov. 2004, 47-1/91-SPB-I dated 16.11.2001.
b) In the year 2007, Andhra Pradesh Postal code issued a Annual Recruitment Notification with last date for receipt of application is 31.05.2007. In the Notification at Annexure III Part B Postal Assistant in Army post service vacancies are as under: -
OC SC OBC ST Total Address
15 01 03 16 35 CPMG, AP Circle, Hyderabad - 500001
Please intimate the vacancies arose for the year wise for total 35 posts along with copies for each category and point wise."
The CPIO, vide letter dated 22.03.2018 furnished information alongwith supportive documents on point (a) to the appellant. On 23.04.2018, with regard to point (b), of RTI application, CPIO transferred the RTI application to CPMG, Page 2 of 7 CIC/POSTS/A/2018/165291 Telangana Circle, Hyderabad. On 25.4.2018, CPMG, Telangana Circle, Hyderabad replied to point (b) of RTI application and informed the appellant that the information sought on the said point had been weeded out after 3 years from the date of announcement of result. In this regard, the CPMG, Telangana Circle, Hyderabad further offered the opportunity of inspection of relevant records relating to recruitment to the appellant. Being dissatisfied, the appellant filed first appeal dated 16.05.2018. FAA, vide order dated 22.06.2018, upheld the reply of CPIO.
Grounds for Second Appeal:
The appellant filed second appeal u/s 19 of the RTI Act on the ground of incomplete information from the respondent. He requested the Commission to direct the CPIO to provide the information sought for.
Submissions made by Appellant and Respondent during Hearing:
The appellant stated that he is satisfied with the reply of the CPIO dated 22.03.2018 on point (a) of the RTI Application, however, on point (b), reply of the CPIO (CPMG, Telangana Circle, Hyderabad) dated 25.4.2018 was misleading and vague.
The respondent (Shri Manmadharao) submitted that Appellant at point (b) has sought information pertaining to total number of vacancies that arose year wise for total 35 posts which were notified in the year 2007, along with available copies for each category and said posts. He further submitted that CPIO & AD-II, CO, Telangana Circle vide letter dated 25.04.2018, categorically informed the appellant that the records pertaining to the year 2007 were weeded out as per their record retention schedule.
Page 3 of 7CIC/POSTS/A/2018/165291 Upon Commissions query regarding relevant time period of preservation of said examination records, the respondent (Shri Manmadharao) submitted that preservation period for said records is 3 years from the date of declaration of results. Therefore, same must be weeded out in the year 2010, since the results of said examination were declared in the year 2007 itself.
The Appellant interjected to state that as per government notification dated 10.11.2004, which pertains to revised recruitment procedure for Postal Assistants/Sorting Assistants the preservation period of recruitment records must be for the period of 40 years.
The Respondent rebutted by submitting that the recruitment records are maintained in three registers. He further submitted that the applications received for any examinations are entered in 'X' Register, whereas acceptable applications are sorted out and sent to the selected officers for scrutiny and orders, thereafter accepted applications are entered in 'Ý' Register and finally a merit list is prepared based on total marks obtained and entered in 'Z' Register. He furthermore submitted that the retention period for records of 'X' & 'Ý' Registers is 3 years whereas, retention period of 'Z' Register is for 40 years. In addition to above, he submitted that 'Z' Register of relevant examination, as sought in the instant RTI Application, has already been provided to the Appellant on 08.11.2018. He further submitted that appellant can inspect the relevant records, if he desires.
Upon Commissions instance, the appellant denied to avail the opportunity of inspection owing to the current pandemic of Covid-19.
A written submission dated 4.9.2020, filed by CPI & Astt. Director (Rectt.), CPMG, A.P. Circle, Vijayawada, was taken on record.
Page 4 of 7CIC/POSTS/A/2018/165291 Decision The Commission, after hearing the submissions of both the parties and perusing the records, observes that appellant is not satisfied with the reply of the CPIO on point no. (b) of the instant RTI Application. Now, the respondent claims that the relevant information sought in the said point no. was weeded out in year 2010, as per their record retention schedule, whereas, the Appellant is adamant on the fact that the retention period of the said document is 40 years, thus refuting the claim of the respondent. Further, the appellant has also denied to avail the opportunity of inspection, provided to him by the Commission.
In view of the foregoing, the Commission in order to allay the apprehension of the appellant, directs the respondent to thoroughly search the relevant information sought at point no. (b) of the instant RTI Application and provide the same to the appellant, if found, free of cost. In case, the said information is indeed weeded out then the respondent will provide the copy of the record retention schedule to the appellant, free of cost and file an appropriate affidavit to this effect that the relevant information sought at point no. (b) of the instant RTI Application has been weeded out, as per their record retention schedule, details of which should also be mentioned therein. The affidavit should be sent by the CPIO to the Commission, with its copy duly endorsed to the Appellant.
The aforementioned directions of the Commission must be complied within 15 days of receipt of this order and send a compliance report of the same to the Commission.
With the above observations, the appeal is disposed of.
Page 5 of 7CIC/POSTS/A/2018/165291 Copy of the decision be provided free of cost to the parties.
The appeal, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 23.09.2020 Authenticated true copy (अिभ मािणतस यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Addresses of the parties:
1. The First Appellate Authority (FAA) cum Director of Postal Services, Department of Posts, Office of the Chief Postmaster General, Telangana Circle, Hyderabad- 500001
2. The Central Public Information Officer (CPIO) & Section Officer (SPB-I), Department of Posts, Dak Bhawan, Sansad Marg, New Delhi
3. The Central Public Information Officer (CPIO) Cum Asst. Director (Rectt), Department of Posts, O/o the Chief Postmaster Gerenal, A.P. Circle, Vijayawada-5220013 Page 6 of 7 CIC/POSTS/A/2018/165291
4. The Central Public Information Officer (CPIO) Cum Asst. Director (Rectt.), Department of Posts, O/o The Chief Postmaster General Telangana Circle, Hyderabad-500 001
5. Shri Venu Gopal Paidi Page 7 of 7