Central Information Commission
Mrb G A P Acharya vs Department Of Posts on 1 April, 2016
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/BS/A/2015/000327+000737+000754+000825+000839+001145+001144/10094
01 April 2016
Relevant Facts emerging from the Appeal:
Appellant : Mr. BGAP. Acharya,
R/o - C. J. Halli, Kudligi Tq,
Bellary Dist, Karnataka - 583126
Respondent : CPIO / Asst. Postmaster General (Staff),
Department of Post,
O/o the Chief Postmaster General,
Karnataka Circle, Bangalore - 560001
CPIO / Asst. Director General (DE)
Department of Post,
O/o the Asst. Director General (DE),
Dak Bhavan, New Delhi - 110116
CPIO / Asst. Director (Mails)
Department of Post,
O/o the CPMG, Assam Circle,
Guwahati - 781001
RTI application filed on : 18/09/2014, 29/09/2014, 28/08/2014, 10/11/2014
& 22/09/2014
PIO replied on : 21/10/2014, 31/10/2014 & 28/11/2014
First appeal filed on : 13/11/2014, 14/11/2014, 23/12/2014, 27/12/2014
& 25/12/2014
First Appellate Authority order : 06/01/2015, 20/01/2015, 09/03/2015 & 06/02/2015
Second Appeal dated : 10/02/2015, 04/04/2015, 04/03/2015, 30/03/2015
& 08/04/2015
Information sought:
File No. CIC/BS/A/2015/000327
1. Certified copy of diary maintained by DPS-BG, O/o CPMG since 01/2013 till date i.e. 8/2014.
2. Monthly/fortnightly report submitted by DPS-BG, to CPMG, Bangalore since 1/2013 till date i.e. 8/2014.
DPS (BG) = DPS(HQ), O/o CPMG File No. CIC/BS/A/2015/000737+001144 The appellant has sought the information in connection with condemnation & disposal of Staff car no. AS-25/A-7304 (MTG in March 2013)
1. Certified copy of MVDC minutes.
Page 1 of 42. Sale precedes details like amount received by Dept, including date, if the condemned vehicle was disposed.
3. Reason for not calling Calcutta MMS Managers or nearby managers to constitute MVDC.
4. Special reasons to call Bangalore MMS Manager to become MVDC members.
5. Name, Designation and office of the authority which proposed the name of Bangalore MMS Manager and the details like above of the approving authority.
6. Whether the decision to call MMS Bangalore Manager from Karnataka circle to Assam Circle was permitted by Postal Directorate, if so copy of the same.
7. Whether the austerity measures & economy in government expenditure is jeopardize in the present issue, details of official responsible for this.
8. Home town details of CPMG as in first page of service book.
9. Distance between Dibrugarh Airport to MVDC meeting point.
10. Whether the above distance was travelled using Dept vehicle, if so cost/km of the vehicle used.
File No. CIC/BS/A/2015/000754
1. Details like name, designation and office of such officer in the O/o CPMG, Karnataka Circle Bangalore, who are holding sensitive posts and continuing w/o transfer even after.
- Completion post tenure 2/3 years.
- Completion of station tenure of 6 years.
2. If retention is ordered after, post tenure completion, copy of the order.
3. Copy of the letter in which initiative was taken to transfer with or w/o postal.
- Directorate intervention by CPMG.
File No. CIC/BS/A/2015/000825 The appellant has sought the information in connection with recently conducted PA/SA/OA etc recruitment test all over Karnataka Postal Circle,
1. Number of candidates applied & appeared for the exam/tests.
2. Total fee collected details.
3. Total expenditure, details.
4. Terms of agreements, if an outside agency had been permitted to conduct tests, details of agency.
5. Details of dates on which
-Tests were conducted
-Evaluation is over
-Other tests still to be conducted
-Announcement of results.
6. Payment made details to the agency, if any with dates & amounts etc.
7. Payment still due to the agency detail amount etc.
8. Reasons for delaying results announcement, if any.
9. Likely date if any, for the announcement of results.
File No. CIC/BS/A/2015/000839+001145 The appellant has sought the information in connection with condemnation of Dept vehicles of Assam circle during 2013 & 2014
1. Whether the nearby MMS manager of Calcutta etc are blacklisted to participate in the above. If so copy of blacklisting.
2. Special circumstance to invite distant Bangalore MMS manager for the above.
3. Whether the approval of Postal Directorate is taken, if so copy.
4. Whether circle IFA was consulted before calling Bangalore MMS Manager.
Page 2 of 45. Whether economy in expenditure would have been achieved if the nearby MMS Managers are called, if so how much.
6. Whether the home town of CPMG Assam circle is Bangalore - copy of home town declaration.
7. Whether nominating of local garage/ workshops managers of state govt or other central government Departments of PSUs or autonomous bodies was permitted as per procedure.
- Copy of procedure relating to formation of MVDC etc issued by postal department.
8. Name, Designation & office of the authority which suggested to call distant Bangalore Manager
- copies of note sheets (2013 & 2014)
9. Whether the services of Bangalore Manager was absolutely necessary & without whom condemnation was impossible, details of special circumstances so necessitated.
10. Disposal details of condemned vehicles like date, amount received ...........etc. Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. BGAP. Acharya through VC Respondent: Mr. S N Bhat CPIO, Mr. D. Basavaraja Bangalore & Mr.R Ganguly, FAA Guwahati through VC & Mr. Avadhesh Joshi CPIO's representative Delhi.
File No. CIC/BS/A/2015/000327 The CPIO stated that no diary is maintained and no monthly/fortnightly report has been submitted.
Decision Notice:
The CPIO has confirmed that no diary is maintained and no monthly/fortnightly report is submitted.
The matter is closed.
File No. CIC/BS/A/2015/000737+001144 The appellant stated that he had requested for copies of minutes of MVDC and the respondent demand fee without giving calculations and that too after the mandated period of 30 days was over. The FAA stated that he will provide the information free of cost. The appellant pointed out that the respondent nominated one Sh. Vijay Kumar as a member of the technical committee and deputed him from Bangalore to Guwahati incurring huge expense though a technical officer was available at a nearby office. The FAA explained that the post of Manager Technical at Guwahati was vacant and the officer at Kolkata was holding dual charge and involved in recruitment process. He added that the appellant cannot question the action of the public authority under RTI Act.
The appellant requested for information related to sale proceeds of vehicle(s) and the home town address of the then CPMG. The FAA stated that he will provide the information.
Decision Notice:
At the outset it is clarified that under the provisions of the RTI Act only such information as is available and existing and held by the public authority or is under control of the public authority can be provided. The PIO is not supposed to create information that is not a part of the record.Page 3 of 4
He is also not required to interpret information or provide clarification or furnish replies to hypothetical questions. Similarly, redressal of grievance, reasons for non compliance of rules/contesting the actions of the respondent public authority are outside the purview of the Act.
As agreed by the FAA he should provide copies of minutes of MVDC and also information relating sale proceeds of vehicle(s) and home town address of the then CPMG to the appellant, free of cost, within 15 days from the date of receipt of this order.
File No. CIC/BS/A/2015/000754 The CPIO stated that there is no officer in the office of the CPMG who is holding sensitive post beyond the stipulated tenure. The appellant stated that there is station tenure of six years in addition to the post tenure. The CPIO informed that the officer went on deputation to another department after completion of 5 years.
Decision Notice:
The information as above has been provided.
The matter is closed.
File No. CIC/BS/A/2015/000839+001145 The appellant stated that he had requested the respondent to inform him whether any technical officer was blacklisted in a nearby centre like Kolkata, Patna, Kanpur etc. and if not what prompted them to depute Mr. Vijay Kumar from far away Bangalore. The FAA stated that no technical officer was black listed at any centre and Sh. Vijay Kumar was deputed with the approval of the competent authority which cannot be questioned by any applicant under RTI Act.
Decision Notice:
The information has been provided.
The matter is closed.
File No. CIC/BS/A/2015/000825 The appellant stated that he is not satisfied with the reply given by the respondent. The CPIO stated that reply to query 5 (2)(3)(4), 8 & 9 were given, however, he will supply a copy again.
Decision notice:
As agreed by the CPIO he should provide the information as above to the appellant within 7 days from the date of receipt of this order.
Appeals are disposed of accordingly.
BASANT SETH Information Commissioner Authenticated true copy:
(R. L. Gupta) Dy. Registrar/Designated Officer Page 4 of 4