Central Information Commission
Ravindra Ganesh Phansalkar vs Department Of Posts on 26 October, 2020
CIC/POSTS/A/2018/800104
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/POSTS/A/2018/800104
In the matter of:
Ravindra Ganesh Phansalkar ......अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Sr. Supdt of Post Offices,
Department of Posts,
Satara, MH
Relevant dates emerging from the appeal:
RTI : 16.07.2018 FA : 23.08.2018 SA : 07.12.2018
CPIO : 14.08.2018 &
FAO : 18.09.2018 Hearing : 23.10.2020
08.10.2018
The following were present:
Appellant: Shri Ravindra Ganesh Phansalkar, heard through video conferencing.
Page 1 of 6
CIC/POSTS/A/2018/800104
Respondent: Smt. Aparajita Mridha, SSPO & CPIO, Department of Posts, Satara,
MH, heard through video conferencing.
ORDER
Information Sought:
The appellant filed an RTI application on 16.07.2018, seeking information on five points, including;
1. Whether the Senior Superintendent of Post Offices received any reference from Postmaster General, Pune Region, Pune, as informed under RTI Act?
2. If so, the details of action taken on it along with the copy of note sheets may be provided to appellant.
3. Is there any proposal to institute any recovery suit against culprit in case of payment of excess pension of Late Shamshuddin Usman Shaikh under Land Revenue Act?
4. If so, the details pertaining to the same may be provided.
5. Is there any provision under Post Office Saving Bank Act to file such suit before revenue authority in order to recover Government dues from member of public or from culprit who committed a fraud and cheated the Government?
The CPIO, vide letter dated 14.08.2018, provided point wise information to the appellant. Being dissatisfied, the appellant filed first appeal dated 23.08.2018. FAA, vide order dated 18.09.2018, directed CPIO/SSPOs Satara Division to provide point wise and correct information to the RTI applicant immediately regarding the action taken by SSPOs Satara Division on appellant's representation/application dated 23.11.2017, which was forwarded vide RO Pune letter No. PR/Pen/Misc Corr/2016/17 dated 10.04.2018 to his office.
Page 2 of 6CIC/POSTS/A/2018/800104 In compliance of FAA's order, the CPIO, vide letter dated 08.10.2018, provided information on point nos. 1 and 2 to the appellant.
Grounds for Second Appeal:
The appellant filed second appeal u/s 19 of the RTI Act on the ground of incomplete reply furnished by the respondent. He requested the Commission to direct the CPIO to provide the information sought for.
Submissions made by Appellant and Respondent during Hearing:
The appellant acknowledged the receipt of the CPIO replies dated 14.08.2018 and 08.10.2018 and submitted that despite specific directions to the CPIO by FAA vide order dated 18.09.2018 to provide point wise and correct information to the appellant regarding the action taken by SSPOs Satara Division on his representation dated 23.11.2017, the CPIO failed to furnish a categorical reply. The appellant, further, in response to a query, acknowledged the receipt of the para wise comments furnished by the respondent along with their written submissions dated 08.10.2020.
The written submissions dated 06.10.2020, filed by the appellant, were taken on record The respondent submitted that since the then CPIO could not trace the appellant's representation dated 23.11.2017, as forwarded by Pune region, the same was apprised to the appellant vide letter dated 14.08.2018, along with the details of the email vide which Pune region was requested to furnish a scanned copy of appellant's RTI application. However, in compliance of the FAA's order, due efforts were again made to trace the appellant's representation and it was found that the same was received by Satara division on 10.04.2018. Therefore, vide letter Page 3 of 6 CIC/POSTS/A/2018/800104 dated 08.10.2018, the appellant was furnished a revised reply. With respect to the action taken on the said representation, the appellant was provided a copy of the note sheet whereby his application was forwarded to RO Pune with para wise comments. She further submitted that a point wise reply in response to the appellant's aforesaid representation has already been furnished to him vide letter dated 12.02.2018.
The appellant contested that a categorical reply with respect to the action taken on his representation was not furnished by the respondent in response to the RTI application in question.
The written submissions dated 08.10.2020, filed by the respondent, were taken on record.
Decision:
The Commission, after hearing the submissions of both the parties and perusing the records, observes that although the action taken on the appellant's application dated 23.11.2017 was provided to him on 12.02.2018, a categorical reply for the same has not been furnished to him in response to the RTI application in question. The Commission, therefore, directs the respondent to furnish a specific reply on point no. 2 of the RTI application, along with a copy of the reply dated 12.02.2018, 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.
With the above observations, the appeal is disposed of.Page 4 of 6
CIC/POSTS/A/2018/800104 Copy of the decision be provided free of cost to the parties.
The appeal, hereby, stands disposed of.
अिमता पांडव)
Amita Pandove (अिमता व
Information Commissioner (सू सूचना आयु )
दनांक / Date: 23.10.2020
Authenticated true copy
(अिभ मािणतस 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 Postal Services,
Department of Posts,
Office of Postmaster General,
Pune Region,
Pune - 411001
2. The Central Public Information Officer (CPIO) /Sr. Supdt of Post Offices, Department Of Posts, Office of the Sr. Supdt of Post Offices, Satara DN, Satara, MH- 415001 Page 5 of 6 CIC/POSTS/A/2018/800104
3. Shri Ravindra Ganesh Phansalkar, Page 6 of 6