Central Information Commission
T Siva Rama Prasad vs Department Of Posts on 24 September, 2018
CENTRAL INFORMATION COMMISSION
(Room No.313, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi-110067)
Before Prof. M. Sridhar Acharyulu (Madabhushi Sridhar), CIC
Complaint No.: CIC/POSTS/A/2018/149218/C
Shri T Siva Rama Prasad Appellant
Versus
CPIO, Dept of Posts Respondent
Order Sheet: RTI filed on 25.04.2018, CPIO replied on 21.05.2018, FAO - Nil, Second appeal filed on
07.08.2018, Hearing on 11.09.2018;
Proceedings on 11.09.2018: Complainant present from NIC Khammam, Public Authority
represented by CPIO. Mr. Siva Prasad Rao from NIC Rangareddy.
Date of Decision - 24.09.2018: Directions and show-cause notice issued.
ORDER
FACTS:
1. The appellant sought attested copies of the representation dated 20-02-2017 submitted by the employees of Bhadrachalam H. O. against Sri T. S. R. Prasad Post Master, Bhadrachalam HO addressed to the chief Post Master General, T.S. circle, Hyderabad, attested copies of the evidences submitted by the employees of Bhadrachalam HO along with their representation dated 20-02-2017 addressed to the CPMG, T. S. Circle, Hyderabad against Sri T. S. R. Prasad Post Master to support of their allegations, attested copies of the representation dated 25-09-2016 submitted to G CPMG, T. S. Circle, Hyderabad by the employees of Bhadrachalam HO against Sri T. S. R. Prasad, Post Master. Bhadrachalam. The CPIO replied that the information sough is related to third party hence cannot be provided.
Decision :
2. Mr. Siva Prasad Rao, CPIO, submitted that employees of the Khammam Postal Division had files complaints against himself alleging misusing his official capacity in the Post Office during demonetization for personal benefits.
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3. The complaints were considered by the Public Authority and investigation under Rule 14 of CCS (CCA) Rules, 1965 was initiated. The CPIO states that the allegations raised against the appellant were established. The Secretary of staff unit in Khammam Post present during the hearing raised objections against disclosure of copies of representations.
4. However, the present CPIO Shri Siva Prasad Rao said that his predecessor CPIO Shri K. Shiva Nageswara Rao rejected the information sought on the ground that it was 'third party' information as that complaint filed by the Secretary of the Staff Union, and when contacted he objected to the disclosure. However, Mr. Siva Prasad Rao could not explain how the copy of complaint, charge-sheet, enquiry report, action taken details would be considered 'third party' information or personal information. The Secretary of Union was also present during the video conference, and pleaded that the details should not be given. The Secretary being an employee of the same public authority and leader of the employees union, obstructed the disclosure without any justification leading to denial of the information about charges to the charge-sheeted appellant. The CPIO stated that allegation against appellant was that he missed his position while dealing with cash during the days of demonetization.
5. The Commission finds no grounds to invoke Section 11(1) of RTI Act, in the case, because the conducting inquiry and taking action on the report is the information generated by public authority and not furnished by any other person.
The complaint which formed basis of inquiry cannot be denied either under Section 11(1) or under 8(1)(j). Especially when accused officer himself is seeking it, if cannot be denied at all. As an accused he has every right to have all necessary documents to defend himself during inquiry and also under RTI Act.
6. The Present CPIO Shri Siva Prasad Rao is directed to give certified copies of documents sought to answer his RTI request within 05 days, free of cost.
7. The CPIO has no conditions that are necessary to consult the third party in this RTI case. It is completely a wrongful denial of information. Hence, the Commission directs the past CPIO Mr. Shiva Nageswara Rao, at the time of RTI CIC/POSTS/A/2018/149218/C Page 2 request, and Mr. Venu Gopal Reddy, Secretary of Employees Union, considering him as deemed CPIO to show cause why maximum penalty should not be imposed against each of them, as Mr. Shiva Nageswara Rao 'for wrongful denial, Mr. Venu Gopal Reddy Secretary for obstructing the disclosure, before 9th October, and case is posted for compliance and penalty proceedings on 9th October, 2018 at 2015 PM.
SD/-
(M. Sridhar Acharyulu)
Central Information Commissioner
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