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Central Information Commission

Pawan Tiwari vs Department Of Posts on 13 August, 2020

                                                          CIC/POSTS/C/2018/169005


                                   के   ीय सूचना आयोग
                       Central Information Commission
                             बाबागंगनाथमाग,मुिनरका
                        Baba Gangnath Marg, Munirka
                           नई द ली, New Delhi - 110067



िशकायतसं      ा/ Complaint No. CIC/POSTS/C/2018/169005

In the matter of:

Pawan Tiwari                                                 ... िशकायतकता/Complainant

                                         VERSUS
                                          बनाम


CPIO,                                                         ... ितवादीगण /Respondent
Department of Post,
O/o. the Supdt of Post Office,
Meerut Division, Meerut,
Uttar Pradesh - 250 001



Relevant dates emerging from the appeal:

RTI : 29.09.2018              FA        : Not on record        SA     : 26.11.2018

CPIO : 26.10.2018             FAO : Not on record              Hearing : 29.07.2020


The following were present:

Complainant: Heard over the phone




                                                                              Page 1 of 7
                                                    CIC/POSTS/C/2018/169005

Respondent: Shri C.S Rawat ASPO, Department of Post, Meerut Division, CPIO,
heard over the phone



                                     ORDER

Information Sought:

The complainant filed an RTI application on 29.09.2018, seeking information on seven points regarding the certified copy of records, from Agrawal Mandi Tatiri Sub Post Office, including, inter-alia;

1) Provide certified copy of records as to how many times the requisition letter for stamps. Envelops IPO making Rs 10/- had been sent to the concerned officer and department by the Agrawal Mandi Tatiri and Baghpat sub post office w.e.f. 01.06.2018 to 29.09.2018.

2) Provide certified copy of records as to how much is the total supply of postal stamps, envelopes and Indian postal order of ten rupees marking against the total indent received by the competent officer of Agarwal Mandi Tateri and Baghpat sub-office? On which date, month, year has the above supply been made,

3) Provide certified copy of records as to what equipment has been installed for the Aadhar Card renovation and amendment at Agarwal Mandi Tateri and Baghpat Sub Post Office? From which month, and year it was implemented?

After the installation of the above equipment, how many Aadhar cards have been issued afresh and how many of them have been amended/renovated? And other related information.

The CPIO, vide letter dated 26.10.2018, provided point wise information to the complainant.

CIC/POSTS/C/2018/169005 Grounds for Complaint:

The complainant filed a complaint u/s 18 of the RTI Act on the ground of incomplete and misleading information provided by the CPIO. The complainant requested the Commission to direct the CPIO to provide the information sought for and take appropriate legal action against the concerned CPIO.

Submissions made by Complainant and Respondent during Hearing:

The Complainant submitted that the reply given to the information sought was not satisfactory. On point no. 1 & 2 of his RTI application, the complainant submitted that certified copy with supportive documents had not been provided by the respondent. The complainant further stated vide letter dated 26.10.2018 respondent had provided the information along with the enclosures on point no 3, 4, 5, & 6 and denied the information on point no. 7 of RTI application, being not available with them. The complainant requested the Commission to take action against the CPIO as per the provisions of the RTI Act.

The respondent submitted that point-wise information as per the available records has been provided to the complainant vide letter dated 26.10.2018 on his RTI applicatiopn. Regarding point no. 7 of the RTI application respondent asserted that after disgitisation there is no manual process for booking of article. The respondent submitted that no point of RTI application was left unattanded on his part and the complaint is devoid of merits.

Writtren submission of CPIO dated 22.06.2020 are also taken on record.

CIC/POSTS/C/2018/169005 Decision:

The Commission, after hearing the submissions of parties and perusing the records, observes that requisitioned information, as per RTI provisions has been provided to the complainant by the respondent vide letter dated 26.10.2018. The Commission further observes that since the information sought was provided to the complainant, it cannot be said that it was malafidely withheld by the respondent. Hence, in the absence of any malafide intention, it would not be appropriate to initiate any action for imposition of penalty on the CPIO.

The Commission refers the Hon'ble High Court of Delhi in its judgment dated 04.12.2014 in case of The Registrar, Supreme Court of India vs. Commodore Lokesh K. Batra and Ors. [W.P.(C) No. 6634/2011], held as under:

"11. Insofar as the question of disclosing information that is not available with the public authority is concerned, the law is now well settled that the Act does not enjoin a public authority to create, collect or collate information that is not available with it. There is no obligation on a public authority to process any information in order to create further information as is sought by an applicant......."

Commission further observes that, the Hon'ble Supreme Court in its decision dated 09.08.2011 in the matter of CBSE &Anr. vs. Aditya Bandopadhyay&ors. (C.A. No. 6454 of 2011) has held as under:

"35......... But where the information sought is not a part of the record of a public authority, and where such information is not required to be maintained under any law or the rules or regulations of the public authority, the Act does not cast an obligation upon the public authority, to collect or collate such non-available information and then furnish it to an applicant..............."

CIC/POSTS/C/2018/169005 In view of the above, the Commission notes that an appropriate reply has been provided to the complainant by the respondent. Hence, no further intervention of the Commission is required in the matter.

With the above observations, the Complaint is disposed of.

Copy of the decision be provided free of cost to the parties.

The Complaint, hereby, stand disposed of.

Amita Pandove (अिमतापांडव) Information Commissioner(सूचना आयु ) दनांक / Date29.07.2020 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Addresses of the parties:

1. The First Appellate Authority (FAA) Department of Post, Director of Postal Services, Bareilly Region, Bareilly, Uttar Pradesh - 243 001 Page 5 of 7 CIC/POSTS/C/2018/169005

2. The Central Public Information Officer (CPIO) Department of Post, O/o. the Supdt. of Post Office, Meerut Division, Meerut, Uttar Pradesh - 250 001

3. Mr. Pawan Tiwari, Page 6 of 7 CIC/POSTS/C/2018/169005 Page 7 of 7