Central Information Commission
Mr.B.Kumaraswamy vs Dept. Of Posts, Vizianagaram on 29 January, 2009
Central Information Commission
CIC/AD/A//09/00044/AD
Dated January 29, 2009
Name of the Appellant : Mr.B.Kumaraswamy
Name of the Public Authority : Dept. of Posts, Vizianagaram
Background
1. The Appellant filed an RTI application dt.4.2.08 with the CPIO, Dept. of Posts, Vizianagaram. He requested for supply of primary report of IRM V-IST Sub Division VM-4. The CPIO replied on 19.3.08 denying the information under Section 8(j) of the RTI Act. The Appellant filed an appeal dt.3.4.08 with the Appellate Authority reiterating his request for the information. The Appellate Authority replied on 16.5.08 stating that information sought does not have any public interest but is being sought only to defend his personal case i.e. to enable him to submit his defense before Inquiry officer. Since the charges framed against him are under inquiry, the Appellant will have an opportunity to cross examine the then IRM at an appropriate time to defend his case. The Appellant filed a second appeal dt.10.9.08 before the CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing on January 29, 2009.
3. The Public Authority was not present at the hearing.
4. The Appellant was present during the hearing.
Decision
5. The Appellant submitted that a complaint against him was filed on 29.12.03 stating that he was allowing people other than officials to travel in the Mail van. He was charge sheeted in January, 2004 and as a result his promotion was withheld. He requested for a copy of the primary report to enable him to defend himself in the Inquiry under Rule 14 CCS Conduct Rules 1965, being held against him. He also stated that the IRM V-I Sub Division, Vishakhapatnam had filed the report against him.
6. The Commission holds that since the case has been going on for more than 4 years, the disclosure of information sought by the Appellant will in no way impeach the process of cross-examination of the Appellant by the Inquiry Officer, and accordingly directs the CPIO to provide the information sought by the Appellant within 15 days of the receipt of this Order.
7. The appeal is disposed off.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(K.G.Nair) Designated Officer Cc:
1. Mr.B.Kumaraswamy TBOP SA HRO, RMS 'V' Division Visakhapatnam 530 004
2. The CPIO & The Supdt. of Post Offices Department of Post RMS V Division Visakhapatnam 530 013
3. The Appellate Authority & The Director Postal Services Department of Post O/o Post Master General Visakhapatnam Region Visakhapatnam 530 013
4. Officer in charge, NIC
5. Press E Group, CIC