Central Information Commission
Manotosh Achar vs Department Of Posts on 6 November, 2020
CIC/POSTS/A/2018/172119
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No. CIC/POSTS/A/2018/172119
In the matter of:
Manotosh Achar ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Supdt. of Post Offices,
Department of Posts,
O/o. the Sr. Supdt. of Post Offices,
Tamluk Division,
Takluk Dist. Purba Medinipur,
West Bengal - 721 636
Relevant dates emerging from the appeal:
RTI : 19.06.2018 FA : 01.08.2018 SA : 12.12.2018
CPIO : 09.07.2018 FAO : 24.08.2018 Hearing : 03.11.2020
The following were present:
Appellant: Shri Uday Shankar Goswami, Representative, heard through video
conferencing.
Page 1 of 6
CIC/POSTS/A/2018/172119
Respondent: Shri Kamal Kumar Rana, SPO, Department of Posts, Tamluk
Division, Takluk Dist. Purba Medinipur, West Bengal, heard through video
conferencing.
ORDER
Information Sought:
The appellant filed an RTI application on 19.06.2018 seeking information on three points pertaining to postal, receipt dated 09.12.2016, including;
1) Provide delivery status about the postal receipt dated 09.12.2016.
2) Whether the item under postal receipt dated 09.12.2016 has been delivered, if so when and to whom it has been delivered kindly specify the date of delivery address with name.
3) The item under postal receipt dated 09.12.2016 has not been delivered when it has returned to the sender kindly specify the date of return and reasons of not dealing.
The CPIO, vide letter dated 09.07.2018, informed the appellant that as per annexure "A", 2(a) rule of Postal Manual Volume V (Five), period of preservation of all registration and parcel department (other than relating to foreign articles) is one year. Hence, the information as sought for is not available in their office. Being dissatisfied, the appellant filed first appeal dated 01.08.2018. FAA, vide order dated 24.08.2018, directed the CPIO to provide available and admissible information properly as sought for in your RTI application within 15 days.
Page 2 of 6CIC/POSTS/A/2018/172119 Grounds for Second Appeal:
The appellant filed second appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the respondent. He requested the Commission to direct the CPIO to provide complete information sought for.
Submissions made by Appellant and Respondent during Hearing:
The appellant's representative submitted that due information has not been provided to the appellant till date. He requested the Commission to direct the CPIO to provide complete information sought for.
The respondent submitted that as per the Record Retention Schedule followed by them, the requisite information was not available in their department. Hence, the same could not be furnished to the appellant. He further submitted that upon enquiry, it was found that information pertaining to the postal receipts is maintained in Dispatch section for a longer duration. He further assured that requisite information will be collected from the concerned section and furnished to the appellant at the earliest. In response to a query regarding compliance of FAA's order, the respondent submitted that the same was never received in their office.
Decision:
The Commission, after hearing the submissions of both the parties and perusing the records, directs the respondent to collect due information from Dispatch section or any other concerned section and furnish the same to the appellant, as agreed, within a period of 15 days from the date of receipt of a copy of this order under intimation to the Commission.
The Commission further notes that as per the submissions of the respondent, the order of FAA was never received in their office. It is ignominious to observe that Page 3 of 6 CIC/POSTS/A/2018/172119 despite of record keeping and proper maintenance of files being a key function of any public authority, internal communications in the respondent public authority are misplaced or are merely pleaded to be misplaced in order to avoid the statutory duties. The Commission, further, refers to the decision of the Hon'ble High Court, Delhi in the matter Union of India vs. Vishwas Bhamburkar WP (C) 3660/2012 dated 13.05.2013 wherein it was observed as under:
"whenever an information is sought and it is not readily available, a thorough attempt needs to be made to search and locate the information wherever it may be available. It is only in a case where despite a thorough search and inquiry made by the responsible officer, it is concluded that the information sought by the applicant cannot be traced or was never available with the government or has been destroyed in accordance with the rules of the concerned department that the CPIO/PIO would be justified in expressing his inability to provide the desired information. Even in the case where it is found that the desired information though available in the record of the government at some point of time, cannot be traced despite best efforts made in this regard, the department concerned must necessarily fix the responsibility for the loss of the record and take appropriate departmental action against the officers/ officials responsible for loss of the record".
In view of the above ratio, it is imperative to ascertain the facts leading to the misplacement of FAA's order dated 24.08.2018. The Commission, therefore, directs the First Appellate Authority, Department of Posts, Tamluk Division, Takluk Dist. Purba Medinipur, West Bengal to inquire into the matter of non- receipt of FAA's order and to ascertain as to whether the order was actually not received or the CPIO had taken that plea to deny information to the appellant. The Page 4 of 6 CIC/POSTS/A/2018/172119 FAA shall also, if required, take appropriate departmental action against the officers/officials responsible for the misplacement of the records. A copy of the inquiry report along with the action taken report may be provided to the Commission as well as to the appellant within a period of six weeks from the date of receipt of a copy of this order.
With the above observations, the appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The appeal, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date: 03.11.2020 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) Director of Postal Services, Department of Posts, O/o The Postmaster General, South Bengal Region, Kolkata - 700 012 Page 5 of 6 CIC/POSTS/A/2018/172119
2. The Central Public Information Officer Supdt. of Post Offices, Department of Posts, O/o. the Sr. Supdt. of Post Offices, Tamluk Division, Takluk Dist. Purba Medinipur, West Bengal - 721 636
3. Mr. Manotosh Achar Page 6 of 6