M. M. Manna vs Department Of Posts on 22 September, 2023

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Central Information Commission

M. M. Manna vs Department Of Posts on 22 September, 2023

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/2022/140610

M. M. Manna                                            .....अपीलकताग /Appellant

                                  VERSUS/बनाम


Public Information Officer Under RTI,
Senior Superintendent of Post Offices & CPIO,
Department of Posts-India, North Kolkata Division,
North 24 Parganas District-700037 (West Bengal).

Public Information Officer Under RTI,
Senior Superintendent of PostOffices,
Department of Posts-India, South Kolkata
Division, Kolkata-700029 (West Bengal).

Public Information Officer Under RTI,
Superintendent of Post Offices, Department of Posts-India,
Birbhum Division, Suri Head Post Office Building,
District--Birbhum-731101 (West Bengal).

Public Information Officer Under RTI,
Senior Superintendent of Post Offices,
Department of Posts-India, Murshidabad Division,
Berhampore, District-Murshidabad-742101
(West Bengal).

Public Information Officer Under RTI,
Superintendent of Post Offices, Department of
Posts-India, Nadia North Division, Aurobindo Sarani,
PO-Krishnanagar, District-Nadia-741101
((West Bengal).




                                                             प्रनतवािीगण/Respondents
                                                                         Page 1 of 5
 Relevant facts emerging from appeal:

  RTI application filed on          :   25.01.2022
  CPIO replied on                   :   22.03.2022
  First appeal filed on             :   21.04.2022
  First Appellate Authority order   :   17.05.2022
  Second Appeal received at CIC     :   26.08.2022
  Date of Hearing                   :   11.09.2023
  Date of Decision                  :   18.09.2023


                   सूचना आयुक्त   : श्री हीरालाल सामररया
            Information Commissioner:    Shri Heeralal Samariya




  Information sought

The Appellant sought following information:

1. Whether the establishment of Department of Post or any part thereof is exempted under section 20(1) of RPwD Act 2016.

2.

i. Total no of sanctioned post of PA and equivalent in each Postal Unit -

ii. Total no of sanctioned post for person with benchmark disability for PA post_ and equivalent under section 34 (1) of RPwd Act 2016 and corresponding names of the posts in each postal unit.

iii. Total no of PA and equivalent actually working as on date in each postal unit iv. Total no of PA and equivalent officials with benchmark physical disabilities working in each postal division. Kindly provide the percentage and breakup as per section 34(1) clauses a,b,c and d,e of RPwD Act 2016.

3. Whether the cadre of Inspector of Post and higher posts do also reserve vacancies for Persons with benchmark Disability. Kindly provide the requisite information-

i. Total no of sanctioned posts of Inspector of Posts and higher hierarchy in West Bengal circle.

ii. Total no of sanctioned posts for person with benchmark disability for Inspector of Posts and higher hierarchy officers Page 2 of 5 in West Bengal circle under Rule 34 (1) of RPwd Act2016. Kindly provide name of the corresponding posts. iii. Total no of Inspector of Posts and higher hierarchy officers actually working as on date in WB Circle.

iv. Total no of Inspector of Posts and higher hierarchy officers with benchmark physical disabilities working in WB Circle. Kindly provide the percentage and breakup as per section 34(1) clauses a,b,c and d,e of RPwD Act 2016. Etc. • PIO furnished reply, vide letter dated 22.03.2022, as under:

Point no.2-: (i) - Total no. of sanctioned PA post-290.

(ii) - Not available in material form

(iii)-Total no. of PA working as on 28.02.2022-291

(iv)-PA with physical disability as on 28.02.2022-- 08 Point no;4-: Nil. Point no:-5: Nil.

Point no: 5-: Nil Point no :7-: Nil Point no:8-: Not available in material form Point no :9': CPIO & SSPOs, Central Kolkata division, Kolkata- 700007, contact no.033-2273 5071 Point no 10-: Not available in material form Point no:11-: Not available in material form • Dissatisfied with the response received from PIO, Appellant filed First Appeal, vide letter dated 21.04.2022.

• The FAA vide order dated 17.05.2022 directed the CPIO & SSPOs, North Kolkata Division, , CPIO & SSPO, South Kolkata Division, , CPIO-& SPOs, Birbhum Division, , CPIO & SPOs, Murshidabad Division, Berhampore-I , CPIO & SPOs, Nadia North Division, Nadia to provide information directly to the Appellant within 15 days • Written submission has been received from the CPIO, SPO, Nadia North division vide letter dated 30.08.2023 and same is taken on record for perusal.

• Written submission has been received from South Kolkata Division vide letter dated 30.08.2023 and same is taken on record for perusal.

• Written submission has been received from the North Kolkata Division vide letter dated 04.09.2023 and same is taken on record for perusal.

• Written submission has been received from the CPIO, Murshidabad vide letter dated 06.09.2023 and same is taken o record for perusal.

Page 3 of 5

Grounds for Second Appeal:

The PIO has not provided correct information to the Appellant.

Relevant Facts emerging during Hearing:

The following were present: -

Appellant: Present Respondent: 1. Mr. Chitarth Nath Bharvi, ASP, Birbhum

2. Mr. B. Jena, SPO, Murshidabad

3. Mr. Pardeep Kumar, Postal Public Relation Inspector, Nadia

4. Mr. Subhrato Datta, SSPO, North Kolkata Division

5. Mr. Madhav Mukherjee, SSPO, South Kolkata Division.

The Appellant stated that the relevant information has not been furnished to him till date. He requested to direct the PIO to furnish the information sought in instant RTI Application.

PIO, Nadia submitted that relevant information has been provided to the Appellant and a point-wise reply has been furnished to the Appellant vide letter dated 23.05.2022.

PIO, South Kolkata Division submitted that relevant information has been provided to the Appellant and a point-wise reply has been furnished to the Appellant vide letter dated 26.05.2022 PIO, North Kolkata Division submitted that relevant information has been provided to the Appellant and a point-wise reply has been furnished to the Appellant vide letter dated 17.08.2022.

CPIO, Murshidabad Division stated that relevant information has been provided to the Appellant and a point-wise reply has been furnished to the Appellant vide letter dated 06.09.2023.

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.

Keeping in view the facts of the case and the submissions made during hearing, the Commission is of the view that an appropriate response as per the provisions Page 4 of 5 of the RTI Act, 2005 has been provided by the Respondent since only such information that is held and available with a public authority can be provided to the information seekers and giving reasons/ opinions/ interpretations, etc are beyond the scope of duty of the CPIO. 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 5 of 5

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