Central Information Commission
Anand Singh vs Department Of Posts on 18 October, 2018
CENTRAL INFORMATION COMMISSION
(Room No.313, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi-110067)
Before Prof. M. Sridhar Acharyulu (Madabhushi Sridhar), CIC
Second Appeal No.: CIC/POSTS/A/2017/123290
Shri Anand Singh Appellant
Versus
CPIO, Dept. of Posts Respondent
Order Sheet: RTI filed on 08.11.2016, CPIO replied on 06.12.2016, FAO on 25.01.2017, Second
appeal filed on 08.04.2017, Hearing on 27.08.2018;
Proceedings on 18.05.2017: Appellant present. Public authority represented by Ms. Asha Gulati,
Postal Assistant. Directions issued.
Proceedings on 27.08.2018: Appellant represented by Mr. Rajpal at CIC, Public Authority
represented by CPIO. Ms. Ritu Punn at CIC:
Date of Decision - 17.10.2018: Disposed of.
ORDER
FACTS:
1. The appellant sought information on the date of delivery of speed post no. ID 023275105 dated 25.05.2016 at the office of first sub-division, Janakpuri; what decision was taken by the Asst. Supdt.-I on that speed post; copy of 10th mark-
sheet of Shri Anand Singh, S/o. Late Gyanendra Singh which was verified by Hindi Sahitya Sammelan, Allahabad; copies of letters sent by SHO, Naraina and SHO Janakpuri etc. CPIO gave point-wise reply and the same was upheld by the FAA. Being dissatisfied, the appellant approached this Commission.
2. The Commission's order dated 18.05.2017:
2. The officer representing the respondent authority stated that three different mark sheets of one date were submitted and the matter was under investigation, therefore the verification copies were not provided to the appellant. The officer also stated that the matter related to the appointment in the post of Gramin Dak Sevak (GDS) was challenged and was pending before CAT.
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3. However the appellant disputed that the mark sheets are not of one particular date but were of 2006 and 2012. The appellant alleged that though he was selected for the post of GDS, he was not appointed and was sidelined when he refused to give the bribe of Rs. 3 lakhs demanded by an officer on the pretext of verification of his mark sheets.
4. The officer assured that the mark sheets and all the files related to the selection for the post can be produced before the Commission.
5. The Commission taken cognizance of this matter and summons all the concerned files related to selection as per section 18 (3) (e) of RTI Act to be produced before the Commission in presence of the appellant on 25.05.2017 at 2:30 p.m. Decision :
3. The Senior Superintendent of Post Offices, New Delhi West Division, vide letter dated 07.09.2018, submitted to the Commission as under:-
Brief History of the case:- Notification for the post of GDS MD Dhichaon Kalan BO was issued on 16.06.2014 by ASPOs Sub Division I. the result of the said post was declared on 04.10.2014 and select panel of five candidates was prepared on same date with validity of one year. Since the panel remain valid for one year, in case of refusal or registration by any candidate, the opportunity is given to next candidate appearing in selected panel. As candidate appearing at serial no. 1 and 2 refused to join against the said post of GDSMD Dhichaonkalan. Shri Anand Singh appearing at serial no. 3 in select panel was provisionally approved for selection as GDS MD, Dhichaonkalan vide memo dated 05.03.2015. Meanwhile, an inquiry was conducted at Division level to scrutinize the applications in respect of the candidates having "Prathma" qualification from Hindi Sahitya Sammelan, Allahabad. As outcome of the inquiry, the then ASPOs was ordered to issue show-cause notice to Shri Anand Singh vide office memo dated 07.04.2015, for submitting multiple mark sheets while applying for different posts of GDS. In compliance thereto, a "show-cause notice"
was served to him by ASPOs 1st Sub. Div. vide memo dated 10.04.2015. Simultaneously, Shri Devender Kumar, S/o- Shri Dilip Singh was appearing at serial no. 4 position in the select panel was found responsible for submissions of fake mark sheets while applying for the post of GDSBPM Dhansa and his candidature was cancelled accordingly. Shri Manoj Kumar, S/o- Shri Daya Chand, appearing at serial no. 5 of select panel was provisionally engaged as per the provisions in the DG P&T Letter no. 43-4/77-Pen dated 18.05.1979 and circular no. 19-37/99-ED & Trg dated CIC/POSTS/A/2017/123290 Page 2 30.12.1999. Later on, the provisional engagement of Shri Manoj Kumar was also cancelled due to submissions of two mark sheets while applying for the post of GDSMD Dhichaon Kalan and GDSBPM Paprawat B.O. In response to this show-cause notice, the reply of Shri Anand Singh was received in the office of ASPOs Ist Sub-division by speed post on 28.04.2015 which was not found satisfactory. The then ASPOs, forwarded the copy of reply to this office for verification of Mark Sheets from Hindi Sahitya Sammelan vide letter dated 05.05.2015.
On perusal of the reply submitted by Anand Singh, S/o- Shri Gyanender Singh, he could not explain the reason satisfactorily why he use three different mark sheets at different occasion in the same year and if he already have mark sheet having marks 600/800 issued 23.03.2013 then why he got issued duplicate mark sheet on 29.06.2013 having marks 564/800 and used such mark sheet for applying for the post of GDS. It is observed that all the candidates whose names were figured in the list mentioned in the inquiry report conducted at divisional level having multiple mark sheet issued on same date 23.03.2013 which proved that these are all bogus mark sheets. Details of marks sheets used by Shri Anand Singh for applying various posts.
S Name of Post Detail of Date of issue Date of
application
No. mark Sheet of mark sheet
1 GDS BPM, Khera Dabur BO 564/800 29.06.2013 11.01.2014
2 GDS MD cum MC, Pandwalan 600/800 23.03.2013 09.03.2014
Kalan BO
3 GDS MD Dhichaon Kalan BO 674/800 23.03.2013 10.07.2014
The candidature of Shri Anand Singh was cancelled vide ASPOs Ist Sub. Div. letter dated 21.03.2017. The cancelation of notification is pending due to the court case in the case of Shri Manoj Kumar, GDS MD Dhichaon Kalan BO and further action is subjected to judgment of Honorable CAT.
4. Upon perusal of the records and submissions made by the parties, the Commission finds that issues raised by the appellant in the RTI application and during the hearing has been addressed by the respondent authority properly. The CIC/POSTS/A/2017/123290 Page 3 Commission also convinced with the inquiry made by the officer of the respondent organization which covers the reason why candidature of Mr. Anand Singh was cancelled. In view of the above, the Commission finds that further action is not required in this matter. Disposed of.
Sd/-
(M. Sridhar Acharyulu)
Central Information Commissioner
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