Central Information Commission
Sunny Kumar Singh vs Department Of Posts on 6 November, 2020
CIC/POSTS/A/2018/172096
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/2018/172096
In the matter of:
Sunny Kumar Singh ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Supdt. of Post Offices,
Department of Posts,
O/o. the Sr. Supdt. of Post Offices,
Ballia Division, Dist. Ballia,
Uttar Pradesh
Relevant dates emerging from the appeal:
RTI : 07.08.2018 FA : 10.09.2018 SA : 12.12.2018
CPIO : 01.05.2019 FAO : Not on record Hearing : 03.11.2020
The following were present:
Appellant: Absent
Page 1 of 5
CIC/POSTS/A/2018/172096
Respondent: Shri Shivam Gautam, Complaint Inspector, Department of Posts,
Ballia Division, Dist. Ballia, Uttar Pradesh, heard over the phone.
ORDER
Information Sought:
The appellant filed an online RTI application on 07.08.2018, seeking information pertaining to a registered post no. RD932044299IN, sent on 27.01.2018 by IGNOU containing appellant's graduation mark sheet and certificates on the ground that the same was not received by appellant. The appellant sought evidence that the aforesaid post consisting of his mark sheet was delivered to him by Postman and required his signatures contained therein to be tallied with his original signature.
Having not received any information from the CPIO, the appellant filed first appeal dated 10.09.2018. FAA's order, if any, is not available on record.
Grounds for Second Appeal:
The appellant filed second appeal u/s 19 of the Act on the ground of non-receipt of information from 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 remained absent during the hearing, despite notice.
The respondent submitted that the RTI application was replied on 01.05.2019, informing the appellant that the details of addressee have not been supplied by him. On being queried regarding the delay in furnishing the reply, the respondent submitted that since the dealing staff was not well acquainted with the online RTI portal, reply could not be furnished on time. With respect to disposal of first Page 2 of 5 CIC/POSTS/A/2018/172096 appeal, the respondent submitted that since at the time of filing of first appeal, online RTI portal was not available in Varanasi division, first appeal filed online by the appellant could not be replied. On being further queried, the respondent submitted that although it is possible to obtain delivery details, within a span of six months from the date of dispatch, using the registered post tracking no., the then CPIO, Shri P.N.Mishra sought addressee details from the appellant, since the reply was furnished beyond six months. He furthermore submitted that the details pertaining to appellant's registered post are no more available in their office as the same have been weeded out as per the Record Retention Schedule followed in their department.
The written submissions dated 03.11.2020, filed by the respondent, were taken on record.
Decision:
The Commission, after hearing the submissions of the respondent and perusing the records, observes that a satisfactory reply has not been furnished to the appellant by the respondent. Moreover, the reply furnished by the then CPIO is much beyond the stipulated period of 30 days, as mandated by the RTI Act. It must be noted that public information officers are entrusted with the responsibility of providing information to the citizen under the RTI Act. It is expected that the CPIO on receipt of a request shall as expeditiously as possible provide the information sought for by the applicant. Further, the appellate authority is expected to see that the justice is not only done but it should also appear to have been done. In this case, neither the CPIO nor the FAA discharged their responsibilities. It appears that there is no system in place in the respondent's office to ensure proper implementation of RTI Act and the pretext of lack of technical knowledge is Page 3 of 5 CIC/POSTS/A/2018/172096 deplorable. The CPIO and FAA are severely admonished for their casual approach towards matters relating to RTI. It shall be noted that ignorance is not an excuse for violation of statutory provisions of RTI Act particularly when RTI Act provides for penal and disciplinary action against CPIOs for not replying on RTI Applications within the stipulated time frame prescribed therein. The Commission, therefore, counsels the then CPIO, Shri P.N.Mishra and the then FAA to be more careful in future so that such lapses do not recur and provisions of RTI Act are implemented in letter and spirit.
The Commission, further, directs the current CPIO to provide a copy of the Record Retention Schedule as well as the order of the Competent Authority for the destruction of records pertaining to the information sought for, to the appellant within a period of 15 days from the date of receipt of a copy of this order under intimation to the Commission.
The Commission also instructs the Respondent Public Authority to convene periodic conferences/seminars to sensitize, familiarize and educate the concerned officials about the relevant provisions of the RTI Act, 2005 for effective discharge of its duties and responsibilities.
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 Page 4 of 5 CIC/POSTS/A/2018/172096 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, O/o The Sr. Supdt. of Post Offices, Ballia Division, Dist. Ballia, Uttar Pradesh
2. The Central Public Information Officer Supdt. of Post Offices, Department of Posts, O/o. the Sr. Supdt. of Post Offices, Ballia Division, Dist. Ballia, Uttar Pradesh
3. Mr. Sunny Kumar Singh Page 5 of 5