Central Information Commission
Shri.Jai Ram Pandey vs Department Of Posts on 10 June, 2013
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No.CIC/BS/A/2012/000394/2707
10 June, 2013
Relevant Facts emerging from the Appeal:
Appellant : Mr. Jai Ram Pandey
Sanyojak
T.S.Postal Employees Assiciation
Muzaffarpur Head Post Office Campus,
Muzaffarpur-842001
Respondent 1- CPIO & Sr. Superintendent of Post Offices
Department of Posts
Saran Division
Chapra 841301
2- CPIO & Superintendent of Post Offices
Department of Posts
Samastipur Division,
Samastipur 848101
3- CPIO & Superintendent of Post Offices
Department of Posts
Nawada Division,
Nawada 805110
4- Mr. Madhusudan Ghosh
(the then CPIO Nawada)
Dy. Chief Postmaster General Patna
O/o Chief Post Master,
Patna GPO)
5- Mr. L.K. Sinha
(the then CPIO Saran)
Assistant Director,
O/o Chief Postmaster General
Patna
6- FAA & Director Postal Services
Department of Post
North Zone
Muzaffarpur, Bihar
Page 1 of 5
RTI application filed on : 01/10/2011
PIO replied on : Not mentioned.
First appeal filed on : 17/12/2011
First Appellate Authority order : 20/01/2012
Second Appeal received on : 06/03/2012
Information sought:
The Appellant filed the same RTI application with three PIOs of Chapra, Samastipur and Nawada Division asking for the following information:
1- Office wise sanctioned post of MTS and names of such official working on the strength of sanctioned posts in each post office of the Division.
2- Office/place wise vacant post of MTS and name of the person deputed against such vacant post and alternative arrangement.
3- The number of GDS and TS casual labourer promoted to the post of MTS through DPC. Name of such promoted TS and GDS office wise and their percentage of promotion on the basis of vacancy calculated and filled in.
4- Total number of TS working before 01/09/1993 with their details regarding name, office and date of conferment of TS with date of effect.
5- The details of part time causal labourers engaged office wise before 01/09/1993 and number of hours fixed for their duties.
Grounds for the Second Appeal:
The CPIOs did not furnish the information even after the order of the FAA to provide the information within 07 days.
Relevant Facts emerging during Hearing held on 18/04/2013: The following were present Appellant: Mr. Jai Ram Pandey (08051355757) on video conference from NIC-Muzaffarpur Studio;
Respondent(s): Mr. Mukesh Kumar Lashkar, CPIO's representative on video conference from NIC-Samastipur Studio; Mr. Deepak Kumar (09386753210), CPIO's representative on video conference from NIC-Nawada Studio; Mr. Vinod Behari (09472874040), CPIO on video conference from NIC-Chapra Studio;
The appellant stated that he has received the information from Samsatipur and is satisfied in the matter. However, no information has been received by him either from Nawada or Chapra. The CPIO's representative Nawada stated that the complete information has been dispatched to the appellant by registered post on 15/04/2013. The Appellant stated that the information has still not been received by him. The CPIO Chapra stated that part information was furnished to the appellant on 28/10/2011 and it was requested that some more time be allowed for the balance information, as the same was required to be collected/compiled. The appellant stated that neither the letter dated 28/10/2011 nor any further information has been received till date.
Interim Decision notice dated 18/04/2013:
The Commission directs the CPIO Nawada and the CPIO Chapra to provide the complete information requested by the appellant in his RTI application dated 01/10/2011 within 07 days from the date of receipt of this order.Page 2 of 5
It is obvious from the foregoing that neither the then CPIO Nawada nor the then CPIO Chapra have furnished the information in spite of clear directions from the First Appellate Authority vide order dated 20/01/2012.
By not furnishing the complete, correct and timely information the concerned CPIOs viz. Mr. Madhusudan Ghosh (the then CPIO Nawada now Dy. Chief Postmaster General, Patna O/o CPM, Patna GPO) and Mr. L. K. Sinha (the then CPIO Saran and now Assistant Director, O/o CPMG, Patna) have rendered themselves liable for imposition of penalty in terms of the provisions of Section 20(1) of the RTI Act. However, before imposing any such penalty, we would like to give an opportunity to the said CPIOs to explain whether they had any reasonable cause for not providing complete, correct and timely information to the appellant. Accordingly, we direct the above named then CPIOs to appear before the Commission through videoconferencing on 29/04/2013 at 02.00 PM along with their written explanations as aforesaid. In case they fail to appear/provide any satisfactory reply the Commission will proceed to impose penalty on them.
If there is/are other person(s) responsible for not providing the complete, correct and timely information to the Appellant they are directed to inform such person(s) of the show cause hearing and direct him/them to also appear before the Commission along with their written explanation(s). If no other responsible person(s) is/are brought by the concerned CPIOs asked to show cause, it will be presumed that they are the responsible person.
The CPIO Nawada and CPIO Chapra Division are also directed to appear before the Commission through videoconferencing on 29/04/2013 at 02.00 PM alongwith copy of information furnished to the appellant in compliance of this order.
The First Appellate Authority/Director Postal Services (North Zone) Muzaffarpur should ensure compliance of this order.
Relevant Facts emerging during Hearing on 29/04/2013:
The following were present Appellant: Mr. Jai Ram Pandey (08051355757) on video conference from NIC-Muzaffarpur Studio;
Respondent(s): Mr. Madhusudhan Ghosh M:9430019338 & Mr. L. K. Sinha 9431403520 Mr. T P Mandal M 9470068491 Nwada CPIO & Mr. Sudhir Kumar 9934898804 The then CPIO Saran Mr. L.K. Sinha explained that during his tenure as CPIO he has responded to several RTI applications timely but in the instant matter the concerned papers were not put up to him by the dealing clerk in the RTI Cell due to which he was kept completely in the dark about the RTI application. He further stated that the concerned dealing clerk was Mr. Rajiv Singh against whom disciplinary action is being initiated by the current CPIO Saran Mr. V.B. Saran for the lapse and added that a report in this regard will be furnished to the Commission by Mr. Saran latest by 31/05/2013.
The then CPIO Nawada Mr. Madhusudan Ghosh also pleaded that he was kept ignorant about the RTI application as well as the FAA's order by the dealing clerk Shri Sudhir Kumar who is accountable for not providing the information timely to the appellant. Mr. Sudhir Kumar accepted the responsibility and regretted the lapse. Mr. G.P. Mandal the current CPIO Nawada stated that he will initiate appropriate disciplinary proceedings against Shri Sudhir Kumar for not furnishing the information timely to the appellant and submit a report to the Commission by 31/05/2013.Page 3 of 5
The appellant accepted that he has received the information both from the Nawada and Chapra post offices.
Interim Decision Notice dated 29/04/2013:
The Commission directs the CPIO's Saran and Nawada to submit their reports regarding the disciplinary action initiated against Shri Rajiv Singh and Shri Sudhir Kumar respectively as aforesaid by 31/05/2013.
The then CPIO Mr. L.K. Sinha, the current CPIO Saran Mr. V.B. Saran and the concerned clerk Mr. Rajiv Singh and Mr. G.P. Mandal CPIO Nawada and Mr. Sudhir Kumar the concerned clerk are directed to appear for hearing before the Commission through videoconferencing on 10/06/2013 at 04.00 PM.
Relevant Facts emerging during Hearing on 10/06/2013:
The following were present Respondent(s): Mr. V B Saran CPIO Saran, Mr. Rajiv Ranjan Singh, Saran & Mr. T P Mandal CPIO, Nawada & Mr. Sudhir Kumar Nawada.
Mr. Rajiv Ranjan Singh, the then dealing clerk, accepted that part information which had to be called from another section was delayed as there was heavy workload and the matter slipped from his mind. Mr. V B Saran the CPIO Saran vide his report dated 30/05/2013 has submitted that Shri Rajiv Ranjan Singh has been charge sheeted for the delay in supply of information vide memo dated 15/05/2013 and has been awarded the punishment of 'censure' vide office memo dated 30/05/2013.
Mr. T P Mandal the CPIO Nawada vide his report dated 17/05/2013 has submitted that Shri Sudhir Kumar, the then dealing clerk, has been charge sheeted for the delay in supply of information vide memo dated 07/05/2013 and has been awarded the punishment of 'stoppage of increment by six months' vide order dated 17/05/2013.
Decision Notice:
The information has been provided to the appellant.
The concerned staff members viz. Mr. Rajiv Ranjan Singh and Mr. Sudhir Kumar who are held responsible for the delay in supply of information have been charge-sheeted and appropriate punishment has also been awarded to them.
As the delinquent staff has been punished no further action is deemed necessary.
The matter is closed.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties. In any correspondence on this decision, mention the complete decision number.
BASANT SETH Information Commissioner Page 4 of 5 Page 5 of 5