Central Information Commission
Dillip Kumar Mahapatra vs Department Of Posts on 27 October, 2020
CIC/POSTS/A/2018/636529
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/POSTS/A/2018/636529
In the matter of:
Dillip Kumar Mahapatra ... अपीलकता/Appellant
VERSUS
बनाम
CPIO ... ितवादीगण /Respondent
& ACAO(Computer)
(LDCE AAO-2018),
Department of Posts,
New Delhi
Relevant dates emerging from the appeal:
RTI : 01.10.2018 FA : 30.10.2018 SA : 07.12.2018
CPIO : 30.10.2018 FAO : 30.11.2018 Hearing : 21.10.2020
The following were present:
Appellant: Shri Dilip Kumar Mahapatra, participated in the hearing on being
contacted on his telephone.
Respondent: Absent.
Page 1 of 4
CIC/POSTS/A/2018/636529
ORDER
Information sought:
The Appellant filed an RTI application dated 01.10.2018, seeking a copy of his marksheet (bearing roll no. 1112236) of LDCE AAO Exam conducted in the year 2018.
The CPIO vide letter dated 30.10.2018 informed the Appellant as follows:
"Arrangements are being made for communicating marks". Being dissatisfied, the Appellant filed a First Appeal dated 30.10.2018. The First Appellate Authority vide order dated 30.11.2018 stated as follows: "Sending information on marks, through SMS, to all individual is already in process."
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the RTI Act on the ground of unsatisfactory information provided by 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 has received a text/SMS message on 26.11.2018 and on 27.11.2018 from "AD-CCAGUJ", wherein it categorically stated his marks (with break-up). He further stated that he wants a physical copy of the same instead of a digital copy because the said text/SMS message received did not contain the name and roll number.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during hearing, the Commission observes that the Respondent public authority has Page 2 of 4 CIC/POSTS/A/2018/636529 not attended the hearing despite a hearing notice dated 23.09.2020 has been sent from the Commission. It is even more irksome to note that the Registry of this Bench has neither been apprised by the Respondent public authority regarding the non-appearance of the CPIO nor any written submission has been filed by the concerned CPIO in support of the same.
In view of the above, the Commission is constrained to seek an explanation from the concerned CPIO who shall enumerate the reason for his non-appearance, within 15 days from the date of issue of this order, failing which the Commission will have no other alternative to issue a Show Cause Notice against him/her for deliberately violating the provisions of the RTI Act as well as exhibiting disregard towards the order of the Commission.
With the above observations, the appeal is disposed of.
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: 21.10.2020 Authenticated true copy (अिभ मािणतस यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Page 3 of 4 CIC/POSTS/A/2018/636529 Addresses of the parties:
1. The First Appellate Authority (FAA) / ADG PA-ADMN, Dept. Of posts, Dak Bhawan, New Delhi - 110001
2. The Central Public Information Officer (CPIO) & ACAO(Computer) (LDCE AAO-2018), Department of Posts, Dak Bhawan, New Delhi - 110001
3. Shri Dillip Kumar Mahapatra Page 4 of 4