Central Information Commission
Shree Vinayak D. Velhal vs Department Of Posts on 27 January, 2022
Author: Saroj Punhani
Bench: Saroj Punhani
के ीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमाग, मुिनरका
Baba Gangnath Marg, Munirka
नईिद ी, New Delhi - 110067
File No : CIC/POSTS/C/2020/694683 +
CIC/POSTS/C/2020/694682+
CIC/POSTS/C/2020/694681
Shree Vinayak D. Velhal ....िशकायतकता /Complainant
VERSUS
बनाम
CPIO,
Department of posts, Office of
The senior superintendent of
Post offices, Kolhapur
Division, RTI Cell,
Kolhapur-416003, Maharashtra ... ितवादीगण /Respondent
Date of Hearing : 27/01/2022
Date of Decision : 27/01/2022
INFORMATION COMMISSIONER : Saroj Punhani
Note - The above mentioned Complaints have been clubbed together
for decision as these are based on the same RTI Application.
Relevant facts emerging from complaint:
RTI application filed on : 25/06/2020
CPIO replied on : 19/08/2020
1
First appeal filed on : Not on record
First Appellate Authority : Not on record
order
2nd Appeal/Complaint dated : 03/12/2020
CIC/POSTS/C/2020/694683
CIC/POSTS/C/2020/694682
CIC/POSTS/C/2020/694681
Information sought:
The Complainant filed an RTI application dated 25.06.2020 seeking the following information ;
1) Thorough journey and till date status of my all every application,request,concern,representation,complaint,claim,plea,suggestio n pending at your office i.e.Secy.Posts as your office is been addressed by Hon'ble National Human Rights Commission (NHRC)on 22'nd Mar.2019,Dte.of Public Grievances (DPG) in Jun.2020,by CVC,CBI in yr.19 and others too pending at offices of D.G.Posts,CPMG Maha.,PMG Goa, DPS Goa and SSPO's Kolhapur which are dealt or referred or received at any other office of Postal Deptt. for disposal or for any other actions I requests for the today's position of each such communication in my connection even the period is sought from 01'st Jan.2013 onwards to till date i.e.25'th Jun.2020.
2) The paragraph 1 just above includes my request application cum representation dtd.02'nd submitted on 04'th Oct.2019 through in charge SPM Tillarinagar as I was on suspension that day. Here at I specifically requests for the thorough journey of this particular representation as its resolve will definitely change my office now from Ichalkaranji H.O. to Kolhapur City H.O.immediately hence also please comply with this request in this paragraph which is the only motive to file this request.
3) Provide Edn.,till date updated personal files and C.R.dossiers of Shri.Dalmia DPS Nagpur as well Goa region and other three officers viz.
Shri.I.D.Patil , Shri.Walvekar,Shri.Kurlapkar of Kolhapur Postal Dn.
24) Name the official oire officers at fault causing delay in processing of my every concern mentioned at paragraphs 1 and 2 above also the minimum as well maximum punishment applicable to them.
5) Whole case of compassionate appointments ofShri.M.C. Bandiwadekar in charge SPM Tillarinagar.
6) Original request and its today's status of V.R.tendered by Shri.B.R.Nalawade designated as SPM Nesari on awarded promotion on 18'th Jun.2020 also all V.Rs pending immediatey prior and after him.
7) Provide the delays caused to process all my grievances registered at CPGRAMS Portal including the latest one closed on no. DPOST/E/2020/11634 at Postal Dte.as it was lying with DDG(P) at D.E.section since 22'nd May for 3 weeks further and decided on 22'nd Jun.2020,please detail daily action for the period since 22'nd May to 22'nd Jun.2020 and name the faulty some and punishment to be imposed on them as the grievance to be resolved anyhow in 15 days at the most of.
8) Provide my skipped i.e.not supplied minutes and decisions of Staff Adalats where I've submitted my representations for both types viz.R.O.and C.O.levels (since yr.2013 I'm approaching).
9) Action taken reports or against these officers mentioned at paragraph 1 above viz.SSPO's,DPS,PMG, CPMG and D.G.Posts for any reason or for committing any guilt,dereliction or negligence in all my cases.
10) According to me with my impugned transfer with Memo No.B- 2/12/TFR/2018-19 dated at Kolhapur the 03.01.2019 is also breach of vigilance circular No.4-7/2009-Vig Dated at Dak Bhawan,New Delhi the 07.10.2016 prohibiting me to let or mere hold sensitive charge (of SPM Tillarinagar here in particular) so please provide the punishment to the members of T.& P.Committee also the minutes for this transfer. Also I.D.Patil has disobeyed the law punishable u/s 166 of IPC by not granting me relief on 'U.P.Krishi..... dtd.29/03/1993' also not followed the Cadre Restructure on 29/03/2019 while upgrading Tillarinagar, pl. provide 3 punishment for him under service rules and minutes of committee extending my suspension.
11) Letter No.B-I/VDV/Corr/2019-20 Dated at Kolhapur the 04.02.2020 is not carrying the list or index accompanying the communications returned to me and that can be termed as Corruption by hiding the contents it carries so please provide the punishment for Shri.I.D.Patil committing this corrupt act wilfuly.
12) On 02'nd Jun.2020 I.D.Patil has resent the Charge Memos with wastage of 5(Five)pages pl. provide punishment for him and arranging for his mental as well physical fitness as requested earlier in yr.2018.
The CPIO replied to the complainant on 19.08.2020 stating as under;
"Point No. 1: The information sought by the applicant is not specific and seems scattered in various branches and files. There is no provision to compile the information in RTI Act.
Point No. 2: The information sought is not specific. Hence can not be provided.
Point No. 3 : Not related to this CPIO.
Point No. 4 : The information sought is not specific. Hence can not be provided.
Point No. 5 : There is no provision to furnished original documents under RTI Act.
Point No. 6 : There is no provision in RTI Act to provide original documents. Also no longer public interest is involved in requesting third party information. It has not relationship to any public action or interest.4
Point No. 7 : The DPOST/E/2020/11634 grievance was received to this office on 16.06.2020 and reply was sent to the applicant on 17.06.2020. No delay.
Point No.8 : Not related to this CPIO Point No. 9 : Not related to this CPIO.
Point No. 10 : Asking action as per suggestion do not come under RTI Act.
Point No. 11 : Asking action as per suggestion do not come under RTI Act.
Point No. 12 : Asking action as per suggestion do not come under RTI Act."
Feeling aggrieved and dissatisfied, the Complainant approached the Commission with the instant Complaint.
Relevant Facts emerging during Hearing:
The following were present:-
Complainant: Not present. (Remained unavailable for audio-conference hearing despite receipt of hearing notice on 17.01.2022.) Respondent: Represented by N.S. Shaikh, ASPO present through audio- conference.
The Rep. of CPIO submitted that a timely point wise response along with relevant information has already been provided to the Complainant. She further invited attention of the bench towards the written submission dated 21.01.2022, relevant portion of which is as follows -
".....Now Appellant preferred second appeal to your office vide letter dtd 3.12.2020 which is received to this office on 17.01.2022 vide File 5 No. CIC/ POSTS/C/2020/694681 letter dated 11.01.2022 on the ground that information not provided within 48 hours which is contrary to itself.
Brief History of Appellant i.e Shri V. D. Velhal who is working as Postal Assistant in Department of Posts is as under:
Shri V. D. Velhal, appellant now PA Ichalkaranji HO (under suspension) has been transferred Under Rule 38 of Postal Manual Vol. IV from Pune MFL Division (Pune Region) to Kolhapur Division (Goa Region)The official has been accommodated in this Division as PA Gargoti w.e.f. 01.01.2013.
He is habitual of making representations, RTI and PG Portal complaints on minor issues and also creating problems from quiet paltry matters with co-workers. Wherever he worked on deputation basis, all the Postmasters/Sub Postmasters expressed readiness to work with shortage of staff but did not want Shri Velhal to work with them. It is crystal clear that he is an official with immense nuisance value.
Wherever he works creates nuisance and disturbs peace in working environment with unofficial language and arrogant nature and also disturbs the colleagues working with him. Now till date he had been deputed to many offices and in every office, the Postmaster /Sub Postmasters concerned requested not to post him in their offices as he is spoiling the work environment and always quarrel with entire staff, member of public and supervisor. He tried to attack officials/supervisors working with him at Gargoti SO and Ichalkaranji HO.
Shri V. D. Velhal, PA Ichalkaranji HO (under suspension) is stating/demanding 'confronting inquiry' of his grievances. His cases forwarded to the Inquiry Officer, but instead of giving proper reply to Inquiry Officer, opposes the inquiry and demands for Lie Detector, NARCO analysis, Polygraph and Brain Mapping and any other advanced one etc. and wasted the valuable time of Inquiry Officer by giving explanation of number of pages with having no relevancy mentioning the all issues from problems related from Pune Mfl Division to till date in Kolhapur Division. On such type of minor issues, he approached to the Hon'ble 'DG Posts"Collector', 'Supdt of Police', 'PMG', 'DPS, 'CPMG' and Hon'ble 'Rashtrapati' etc. 6 He always expressed that, he is only working honestly and all others except him are not working honestly. Also he demands information under RTI Act and also PG Portal complaints asking about questions around 40 to 50 points or number of pages. Whenever this office is going to take even minor action against him such as Show Cause Notice, Explanation, Charge Sheet etc. On the spot he disturbs all the staff of that office and again making representation on minor issues on number of baseless points. He always writes in such a manner which not come under office decorum and also not readable.
It is noticed that he is always in search of material to make representations in every 'situation instead of focusing on his prime duties for which he is being paid for. Wherever he is posted, trying to impose own say on the other staff and if the staff does not follow his say, then he starts using bad and abusive language and start verbal fighting with the staff, member of public and supervisor. Further, he is habitual in approaching to Police Station against the staff /supervisor if things do not happen as per his will.
Xxxxxxxxxxxxx xxxxxxxxxxxxx Appellant made appeal dated 03.12.2020 and showed disagreement or dissatisfaction of points mentioned below :
1. CPIO hasn't disposed the request within 48 hrs as said urgency and CPIO must fined @250 per day amounting to Rs. 7000/-
Reply:Appellant demanding information under RTI Act before 48 hrs as he want to avoid journey to Mumbai for Hon'ble Central Tribunal Bench or Hon'ble High Court and thereby get infected to COVID 19 and as per RTI Act-2005, where the information sought for concerns the life or liberty of a person, the same shall be provided within forty eight hours of the receipt of request. The information sought by applicant is not such type. Hence it is not provided within forty eight hours, but provided in time, i.e. within 30 days. The online RTI application dated 25.06.2020 of Shri Velhal, now appellant is received from Circle Office, Mumbai to this office on 23.07.2020 & online complaint closed on 21.08.2020 which is within time line. Hence there is no delay in providing information.
72. Concerned CPIO not forwarding or transferring the request within 5 days of its submission :
Reply :The RTI application already received to Circle Office Mumbai and Regional Office, Panaji& Point No.8,9 related to these offices.Circle Office, Mumbai replied vide letter No. STA/RTI/175/05/2020 dtd 21.07:2020 & Regional Office, Panaji replied vide letter No.GR/CPT/RTI Appins/2020-21 dtd 31.07.2020. Hence there is no question of forwarding RTI application again to these offices.
3. CPIO has scanned decision in very blur state that by reading it is harassment I It is to intimate that the RTI reply dated 19.08.2020 of this CPIO is enclosed to the letter received by your office is readable and not blur, which itself proves that, it is readable & not blur.
As per CIC decision number CIC/OK/C/2007/00362 and 367 dated 05.01.2008, RTI can not be turned into tool for vendetta of an employee against his organization for some grievances that one harbours against it. Hon'ble Information Commissioner, the present case also is an example of ridiculous length to person which a person can take a beneficial piece of legislation and make mockery of it."
The CPIO to a query from the Commission explained that the contention of the Complainant that the information was not provided to him within 48 hours lacks total justification as there was no urgency.
Decision The Commission based upon a perusal of facts on record finds no scope of action in the matter with respect to the information as well as the replies of the CPIO's provided thereon as the queries raised by the Complainant through the instant RTI Application are indeterminate and vague which concededly do not conform to Section 2(f) of RTI Act. Yet, ignoring this aspect, the CPIO has provided a point wise relevant information along with additional clarification in the matter through written submission in keeping with the letter and spirit of RTI Act, merits of which cannot be called into question.
8Further, the Commission is in total agreement with the stand of CPIO that the contention of the Complainant that the information should be provided to him within 48 hours is devoid of any substance.
Moreover, the Complainant did not avail of the opportunity to plead his case or contest CPIO's submission despite receipt of hearing notice.
In view of the above, no further action is warranted in the matter.
The Complaint(s) are disposed of accordingly.
Saroj Punhani(सरोजपुनहािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणतस ािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ,उप-पंजीयक िदनां क / Date 9