Central Information Commission
Kameshwar Rai vs Department Of Posts on 17 April, 2018
CENTRAL INFORMATION COMMISSION
(Room No.313, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi-110067)
Before Prof. M. Sridhar Acharyulu (Madabhushi Sridhar), CIC
CIC/POSTS/A/2017/152005
Kameshwar Rai v. PIO, Department of Posts
Order Sheet: RTI filed on 25.01.2017, CPIO replied on 03.03.2017, FAO on 19.04.2017, Second
appeal filed on 31.05.2017, Hearing on 17.01.2018;
Proceedings on 17.01.2018: Appellant absent, Public Authority represented by CPIO Mr. S.
Yadav; Show cause notice issued.
Proceedings on 26.03.2018: Appellant absent, Public Authority represented by Mr. Srinandan
Yadav, SSPO/CPIO;
Date of Decision - 17.04.2018: Penalty imposed.
ORDER
FACTS:
1. The appellant sought information on action taken on representation of Mr. Pritam Kumar with regard to rude behaviour of Mr. Mahendra Prasad Mandal, Superintendent of Posts. The CPIO on 03.03.2017 stated that the information is sought by the concerned authorities and on 19.04.2017, FAA directed the CPIO to provide information within 10 days. Being dissatisfied, the appellant approached this Commission.
2. The Commission's order dated 30.01.2018:
2. The Commission directs the respondent authority to provide information as to what action was taken on Mr. Mahendra Prasad Mandal. The Commission also directs Shri S. Yadav, CPIO to show-cause why maximum penalty should not be imposed on him for not complying with the orders of the FAA, within 30 days from the date of receipt of this Order. The case is posted on 02.03.2018.
Decision :
3. Shri S.N. Yadav, SPO in his written submission dated 21.02.2018, explained as under:
"1) Sri Kameshwar Rai sought information under RTI vide his application dated 25.01.2017 which was received in this office on 03.02.2017 in which Sri Roy has demanded action taken against Sri Mahendra Prasad Mandal, Asstt.
Supdt. of Post Offices, Madhepura Sub Dn. On complain of Sri Pritam Kuma, Sub Postmaster Singheshwar SO for misbehaviour by Sri Mandal. The desired CIC/POSTS/A/2017/152005 Page 1 information was supplied to the applicant vide this office dated 03.03.2017 in which it was informed that the report submitted by Sri M.P. Mandal on complaint is being forwarded to Sri Pritam Kumar to submit comments on the report.
2) In the meantime, the applicant has preferred an appeal to the Director of Postal Services, East Region Bihar, Patna & 1st appellate authority. Accordingly the appeal was disposed off by the appellate authority with direction to the undersigned to supply the clear information to the applicant vide letter dated 08.05.2017 in which it was informed that after receiving of comments from Sri Pritam Kumar SPM Singheshwar and report of Sri Mahendra Prasad Mandal, Asstt. Supdt. of Post Offices, Madhepura it was found by the undersigned not necessity of further action in this case."
4. The officer stated that since Shri Mahendra Prasad Mandal was designated as ASPO, inquiry was not conducted. The appellant was not informed that no inquiry was conducted and reasons thereof. The direction of the FAA to supply clear information was also not complied with on the pretext that no comments were received from SPM. All that appears to cover up the misbehaviour of colleague and guard him against any possible action for his misbehaviour. This is harassment of the consumer and RTI applicant, and helping a culprit. The CPIO acted with official bias and denied the information about action on his colleague on the allegation of misbehaviour. The part information was provided only after an inordinate delay. The appellant was not even intimated about the closure of the case, or any other related proceedings. Hence, the Commission imposes maximum penalty of Rs. 25,000/- against Shri S.N. Yadav, CPIO. The Appellate Authority is directed to recover the amount of Rs.25,000/- from the salary payable to, Shri S.N. Yadav, CPIO by way of Demand Draft drawn in favour of 'PAO CAT' New Delhi in 5 equal monthly instalments. The first instalment should reach the Commission by 19.06.2018 and the last instalment should reach by 19.10.2018. The Demand Draft should be sent to Shri S.P. Beck, Joint Secretary & Addl. Registrar, Room No. 505, Central Information Commission, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi-110067.
SD/-
(M. Sridhar Acharyulu)
Central Information Commissioner
CIC/POSTS/A/2017/152005 Page 2