Central Information Commission
Poornima vs Department Of Posts on 10 May, 2022
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/POSTS/A/2021/117593
Poornima ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Department of Posts, O/o the
Director General of Post, RTI Cell,
Dak Bhawan, Sansad Marg, New
Delhi - 110001. .... ितवादीगण /Respondent
Date of Hearing : 04/05/2022
Date of Decision : 04/05/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 15/07/2020
CPIO replied on : Not on record
First appeal filed on : 09/11/2020
First Appellate Authority order : Not on record
2nd Appeal/Complaint dated : 23/03/2021
Information sought:
The Appellant filed an RTI application dated 15.07.2020 seeking the following information;
"........CENTRAL ADMINISTRATIVE TRIBUNAL BANGALORE BENCH ORIGINAL APPLICATION NUMBER 170/00218/2018. STATES THAT THE RESPONDENTS ARE 1 DIRECTED TO EXAMINE THE MATTER IN DETAIL IN THE SPIRIT OF THE PROVISIONS MADE FOR THE UPWARD REVISION OF THE TRCA FOR EMPLOYEES SIMILAR TO THE APPLICANT AND TAKE AN APPROPRIATE DECISION FOR FIXING THE TRCA AT THE NEXT HIGHER STAGE RATHER THAN THE LOWER STAGE AS RIGHTELY REQUESTED BY THE APPLICANT WITHIN A PERIOD OF THREE (3) MONTHS FROM THE DATE OF ISSUE OF THIS ORDER.
THIS ORDER IS DELIVERED TO ADVOCATE ON 18-2-2020. FROM THIS SUBJECT I SEEK FOLLOWING INFORMATION.
" PROVIDE INFORMATION OF ACTION TAKEN REPORT CERTIFIED COPY WITH ALL COMMUNICATIONS AND ORDER ISSUED ON THE ABOVE SUBJECT BY THE DEPARTMEN OF POST''.
Having not received any response from the CPIO, the appellant filed a First Appeal dated 09.11.2020. FAA's order, if any, is not available on record.
Feeling aggrieved and dissatisfied with the non-receipt of information, the appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through video-conference.
Respondent: Vijay Kumar Thakur, SO & CPIO present through video-conference.
The Appellant while narrating the factual context of RTI Application expressed her dissatisfaction with the fact that no specific information has been provided to her till date.
The CPIO relied on his written submission dated 26.04.2022 and submitted upfront that the RTI application as also the First Appeal of Appellant were never received in their office , however , on receipt of the hearing notice from the CIC , he furnished a reply to the Appellant vide letter dated 26.04.2022, Contents of which are reproduced in verbatim-
........In this regard, you may refer to this office letter No. 19-24/2020-GDS dated 26.08.2021 pertaining to the proposal for implementation of Hon'ble CAT, Bangalore Bench order dated 31.01.2020 ID OA No. 218/2018 filed by Shri K.Narasimha Bhat and letter No. l9-24/2020-GDS dated 28.09.2021 pertaining to the instructions on modality for upward revision of TRCA of CDSs consequent upon increase in workload (certified copies enclosed)...."2
To a query from the Commission, the Appellant denied the receipt of the averred reply. In response to it, the CPIO at the behest of the Commission agreed to resend a copy of the same to the Appellant through email at [email protected].
Decision:
The Commission at the outset considering the submission of the CPIO directs him to file an affidavit with the Commission with a copy of it duly endorsed to the Appellant stating categorically that the instant RTI Application and First Appeal were never received in their office. The said affidavit should reach the Commission within 15 days from the date of receipt of this order.
Notwithstanding the aforesaid, the Commission further notes from a perusal of records that the reply of the CPIO provided now adequately suffices the information sought by the Appellant as per provisions of RTI Act, leaving behind no scope of further relief in the matter.
However, in furtherance of hearing proceedings, the CPIO is directed to provide a copy of his written submission dated 26.04.2022 along with enclosures, free of cost to the Appellant through email and also via speed post. The said direction should be complied by the CPIO within 2 days from the date of receipt of this order under due intimation to the Commission.
The appeal is disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणत स"यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 3