Central Information Commission
B. V. Rangaiah vs Department Of Posts on 22 September, 2023
Author: Heeralal Samariya
Bench: Heeralal Samariya
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग ,मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
नितीय अपील संख्या/Second Appeal No.: CIC/POSTS/A/2022/140245
B. V. Rangaiah .....अपीलकताग /Appellant
VERSUS/बनाम
Public Information Officer Under RTI,
Section Officer-(SPN-II Section),
Department of Posts (Ministry of Communications),
Personnel Division, Dak Bhawan, Parliament Street,
New Delhi-110001.
...प्रनतवािीगण/Respondents
Relevant facts emerging from appeal:
RTI application filed on : 06.12.2021
CPIO replied on : 28.12.2021
First appeal filed on : 17.01.2022
First Appellate Authority order : 23.05.2022
Second Appeal received at CIC : 25.08.2022
Date of Hearing : 01.09.2023
Date of Decision : 14.09.2023
सूचना आयुक्त : श्री हीरालाल सामररया
Information Commissioner: Shri Heeralal Samariya
Information sought:
The Appellant sought following information:
"...(a)Dept of Posts (Personated Division) Latte, no, 7/14/2009 - SPN 11di-11-11-2021), Page 1 of 4
(b) Directorate Letter No: 7/14/2009-SPN-11 dt 14-06-19,
(c) ---------------do----------do--- dt 27-09-2019.
(d) Copies of orders circular issued by dte on the above Provisions, e. Copy of order introducing the Provision Concessions to rails reputation on prepetition in LDCE to promote to the Post of suspecter Post.
(f) Copy of review remarks as mentioned in Pars 2 of Letter NO: 7/14/2009-SPN 11 dd 11-11-2021.
(g) Copy & Letters received from ADG APS on the subject.
Etc. The following information. may kindly be supplied:
(a) the date of introduction from which the provision of concession to the officials on deputation ASP for departmental competition exam for promotion to the post of Inspector of post.
(b) The details of concessions withdrawn in respect of concessions presently available to ASP Personnel for appearing in LDCE for inspector post examination.... etc.."
• PIO furnished reply, vide letter dated 28.12.2021, as under:
"...point No. 2 (a), (b) & (c): - Please find enclosed herewith Directorate's letter no. 7/14/2009-SPN-II dated 11.11.2021. 14.06.2019 and 27.09.2019.
Point No. 2 (d): - As mentioned above relevant copies has been supplied.
Point No. 2 (e): - Concession to officials on deputation to Army Postal Service (APS) for Limited Departmental Competitive Examination (LDCE) for promotion to the posts of Inspector Posts (IP) was introduced long back and is included in Postal Manual Volume -- IV, which is available on India Post website.
Point No. 2 (1): - Overall review of the policy has been undertaken and there are no specific remarks. Point No. 2 (g): - Many correspondences undertake between Department of Posts and APS. Please specify the letter, copy of which is requested.
Point No. 3 (a): - No such specific information is available with the CPIO.
Point No. 3 (b): - Concessions as available under letter dated 14.06.2019 and _ 27.09.2019 mentioned above.
Point No. 3 (c): - As mentioned above in Point no. 2 (f).Page 2 of 4
Point No. 3 (d): - There shall be no concession for vacancy on or after 01.01.2022.
Point No.3 (e): - No. Point No. 3 (f): - No such specific information in material form is available.
• Dissatisfied with the response received from PIO, Appellant filed First Appeal, vide letter dated 17.01.2022.
• The FAA vide order dated 23.05.2022 upheld the reply furnished by the PIO.
• Written submission dated 31.08.2023 has been received from the CPIO and same is taken on record for perusal.
Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
Relevant Facts emerging during Hearing:
The following were present: -
Appellant: Absent Respondent: Mr. Rajesh Kumar Maurya, Section Officer, New Delhi The Respondent reiterated the averments made in their written submission and stated that the Appellant had sought to information regarding provisions of concessions allowed to the officials who deputed to Army Postal Services (APS) for departmental competitive examination for promotion to the post of Inspector posts. Accordingly, vide reply dated 28.12.2021, all the relevant information / documents available with the CPIO was provided to the Appellant from their official record.
Decision:
At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission along with annexures if any, to the Appellant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Commission observes that that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent since only such Page 3 of 4 information that is held and available with a public authority can be provided to the information seekers. Hence, no further intervention of the Commission is required in the instant matter.
The appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Information Commissioner (सूचना आयुक्त) Authenticated true copy.
(अनिप्रमानणतसत्यानपतप्रनत) Ram Parkash Grover (रामप्रकाशग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 4 of 4