Central Information Commission
Mrp S Pattabiraman vs Department Of Posts on 2 May, 2014
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/BS/A/2013/000759/5030
02 May 2014
Relevant Facts emerging from the Appeal:
Appellant : Mr. P. S. Pattabiraman
Postal Assistant
Alwarthirunagar Post Office,
Chennai - 1600087
Respondent : CPIO & Sr. Superintendent of Post Offices
Department of Posts
Chennai City South Division,
Chennai - 600017
RTI application filed on : 01/10/2012
PIO replied on : 26/10/2012
First appeal filed on : 03/11/2012
First Appellate Authority order : 04/12/2012
Second Appeal dated : 23/02/2013
Information sought:
The applicant has sought the following information:-
a) Date of receipt of my appeal by divisional office.
b) Date on which the appeal was forwarded to DPS.
c) Copy of covering letter, Brief history and parawise comments sent with my appeal.
d) Copies of communication exchanged between divisional office and the appellate authority from the date of submission of appeal till date.
e) Date of receipt of reminder dated 28/04/2011 by the divisional office and its further disposal.
f) Copy of covering letter if sent to DPS with my reminder.
g) Copy of note and order of the file from the date of receipt of my appeal till date.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. P. S. Pattabiraman through VC Respondent: Ms. Shenpagavalli CPIO's representative through VC The appellant stated that he has received the information in response to another RTI application after the disposal of the appeal whereas the said documents should have been provided immediately on receipt of the RTI application without waiting for the disposal of the appeal. He contended that the information sought under the provisions of the RTI Act can be denied only if it is exempt under Section 8(1) of the Act and on no other grounds.Page 1 of 2
Decision notice:
The information has been received.
The Commission is in agreement with the appellant's submissions that the information can be denied only if it is exempt as per the provisions of Section 8 or Section 9 of the RTI Act. The Public Information Officer or the First Appellate Authority cannot add or introduce new reasons or grounds for rejecting furnishing of information. Further, while denying the information the authority withholding the information must show satisfactory reasons and such reason should be germane and based on some material. Sans this consideration the information cannot be denied.
The matter is closed.
BASANT SETH Information Commissioner Authenticated true copy:
(R. L. Gupta) Dy. Registrar/Designated Officer Page 2 of 2