Central Information Commission
R. Kameswara Babu vs Department Of Posts on 28 January, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गं गनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
ि तीय अपील सं ा / Second Appeal No. CIC/POSTS/A/2023/143268
R. Kameswara Babu ... अपीलकता/Appellant
VERSUS
बनाम
CPIO:
1 & 2. Department of Posts,
New Delhi
3. Department of Posts,
Vijayawada, A. P. ... ितवादीगण/Respondent(s)
Relevant dates emerging from the appeal:
RTI : 14.03.2023 FA : 07.06.2023 SA : 19.10.2023
CPIO : 27.03.2023; &
FAO : 03.10.2023 Hearing : 17.01.2025
03.05.2023
Date of Decision: 28.01.2025
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Appellant filed an RTI application dated 14.03.2023 seeking information on the following points:
"In the wake of the contents enumerated in the original representation d/14-7-2020 please arrange to furnish information on the points noted hereunder:
1. The liability of the Director (Vigilance) New Delhi, (as per the Postal Dept. norms) being a pan Indian Officer in resolving such matters where specific Page 1 of 6 instance of indiscriminate drain off of public money was reported with documentary evidence.
2. Please arrange to furnish details of exact action taken in the matter, along with furnishing of certified copies of speaking orders initiated by the authority competent and concerned.
3. Please also inform the stumbling blocks that have hampered the authorities concerned in keeping them in mute for more than 17 2 months, despite the issue involves greater public interest."
2. The CPIO, Vigilance Section, Dak Bhawan, New Delhi replied vide letter dated 27.03.2023 and the same is reproduced as under:-
"Kindly refer to your RTI application dated 14.03.2023 received by the undersigned on 24.03.2023 regarding your representation/complaint dated 14.07.2020. The subject matter of complaints related to. Andhra Pradesh Circle comes under the ambit of CPIO/ADG (Investigation-I). Hence, your RTI application dated 14.03.2023 along with its enclosures is here by transferred to CPIO/ADG(Inv-1), Vigilance Division, Dak Bhawan, New Delhi."
Subsequently, the CPIO/AD (CCS), INV-DOP, Dak Bhawan, New Delhi replied to the Appellant on 03.05.2023 stating as under:
"Kindly refer to your RTI application dated 14.03.2023 received by the undersigned vide CPIO/SO (Vig.) letter dated 27.03.2023 regarding your representation/Complaint dated 14.07.2020. The complaint was forwarded to The Chief Postmaster General, Andhra Pradesh Circle, Vijayawada-520013 vide this office letter no. 168/AP/2020-INV dated 05.08.2020 for further action."
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 07.06.2023 before the FAA, Dak Bhawan, New Delhi stating as under:
Page 2 of 6"The CPIO/AD (CSS) may kindly be pursued in the matter and kindly arrange to intimate the action taken with certified copies of speaking orders, if any issued in this regard.
The FAA vide order dated 03.10.2023 upheld the reply given by the CPIO.
"On perusal of the said appeal it is observed that no specific appeal or issue has been raised in the first appeal dated 07.06.2023, against information provided by the GPIO/AD (CCS) vide letter 03.05.2023 in response to your application dated 14.03.2023 seeking information under RTI Act.
Therefore treating this appeal as representation, it is being forwarded to the GPMG, Andhra Pradesh Circle, Vijayawada for necessary action at their end."
4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 19.10.2023.
5. The Appellant remained absent during the hearing and on behalf of the Respondent No.3, K S Venkateswara Rao, APMG & CPIO attended the hearing through video conference while Respondent No.1 & 2 were represented by Anjana M, CPIO & ADG (Inv.) along with Hemant Khulbe, ADG (Vig.) & Rep. of CPIO attended the hearing in person.
6. The Commission took on record the written submissions dated 15.01.2025 received from Respondent No. 1 & 2 through Anjana M, AD & CPIO, INV-DOP, Dak Bhawan reiterating the FAA's order of 03.10.2023.
7. The Respondent No.3 relied on the written submissions filed prior to the hearing on 10.01.2025 stating as under:
"(i) Directorate vide letter No.18-168/AP/2020-Inv dated 05.08.2020 sent a complaint dated 14.07.2020 of Sri R. Kameswar babu to Andhra Pradesh Circle Office, Vijayawada for necessary investigation and action.Page 3 of 6
(ii) The complainant made a case in the District Consumer Forum, Guntur in CC No. 128/2019 regarding non delivery of RL booked at Gandhi Nagar SO, Tenali on 17.10.2018 to Hyderabad. Hon'ble Forum has passed order dated 26.11.2019 in above said CC directing to pay him an amount of Rs. 1025/- towards compensation. The SPOs, Tenali Division paid him the said amount.
(iii) The complainant alleged in ibid. complaint dated 14.07.2020 that Department money of Rs. 23,595/- (total amount incurred in respect of above said CC case i.e., compensation paid to him, Advocate fee & TA for ASPOs attending CC case) was drained off due to negligence of Departmental employees. The complainant requested to take earnest action to recover the amount from the officials responsible.
(iv) It is submitted that enquiries were made on the ibid. complaint and revealed that that officials responsible are the Registration PA, Begumpeta SO who wrongly uploaded the remark as "INSUFFICIENT ADDRESS" and beat Postman who wrote on the face of the Registered Letter as "LEFT" and not made the attempt to deliver the cover (R.L.) before 22.10.2018 to the addressee of the R.L. Both the officials at fault relate to Begumpeta SO of Telangana Circle.
(v) A.P. Circle Office, Vijayawada vide office letter dated 23.02.2021 forwarded the Directorate letter No.18-168/AP/2020-Inv dated 05.08.2020 along with complaint dated 14.07.2020 and all related reports/documents to Telangana Circle by intimating the officials responsible for non delivery of RL, for taking further necessary action at their end.
(vi) Telangana Circle vide letter dated 25.02.2022 intimated that an amount of Rs.
1025/- has been recovered from the officials at fault.
3. The appellant preferred the 1 appeal dated 07.06.2023 to Director(Vig)/ FAA, Directorate, New Delhi and Directorate vide letter dated 03.10.2023 intimated the appellant that on perusal of the said appeal it is observed that no specific appeal or issue has been raised in 1" appeal against information provided by CPIO/AD(CCS) vide letter Page 4 of 6 dated 03.05.2023 [cited in para no. I above] and treating the appeal as representation and forwarded the same to A.P Circle Office, Vijayawada for taking further necessary action.
4. This office vide letter dated 31.10.2023 forwarded the Directorate letter dated 03.10.2023 along with representation dated 07.06.2023 to Telangana Circle for taking further necessary action in view of facts stated in above pars and copy of the letter marked to Directorate and appellant also.
5. Further, it is submitted that SPOs. Tenali Division reported that it is leamt during the course of the inquiry (another matter) that the said RTI applicant is reported to have expired."
8. The Commission after adverting to the facts and circumstances of the case, and perusal of records, observes that the instant second appeal is not maintainable as the Appellant is not agitating any matter that is amenable to the mandate of the RTI Act. The First Appeal under reference did not challenge the reply of the CPIO but sought for further action on his representation, which the FAA treated as a grievance petition in keeping with the spirit of the RTI Act and facilitated action thereupon. Similarly, Respondent No.3 has been erroneously arraigned as a Respondent in the matter as the instant second appeal lies against the FAA, Dak Bhawan, New Delhi's order of 03.10.2023 for treating his First Appeal as a grievance petition.
9. Having observed as above and in view of the submissions received from the Respondent(s), the Commission closes the instant case.
10. The Appeal is dismissed as not maintainable.
Copy of the decision be provided free of cost to the parties.
Sd/-
(Anandi Ramalingam) (आनंदी रामिलंगम) Information Commissioner (सूचना आयु ) िदनांक/Date: 28.01.2025 Authenticated true copy Bijendra Kumar (िबज कुमार) Page 5 of 6 Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:
1. The CPIO M/o. Communication, Department of Posts, CPIO (INV.), (Vigilance Section), Dak Bhavan, Sansad Marg, New Delhi- 110001
2. The CPIO M/o. Communication, Department Oof Posts, ADG & CPIO (INV.-1), (Vigilance Division), Dak Bhavan, Sansad Marg, New Delhi-110001
3. The CPIO O/o. The Chief Postmaster General, CPIO, A.P. Circle, CPIO, RTI Cell, Vijayawada, A. P. - 520013
4. R. Kameswara Babu Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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