Central Information Commission
B Gumpaswamy vs Department Of Posts on 25 March, 2022
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/POSTS/A/2021/605912
B Gumpaswamy ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Department of Posts, O/o the
Postmaster General, Visakhapatnam
Region, RTI Cell, Visakhapatnam - 530017,
Andhra Pradesh. .... ितवादीगण /Respondent
Date of Hearing : 24/03/2022
Date of Decision : 24/03/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 18/10/2020
CPIO replied on : 03/11/2020
First appeal filed on : 30/11/2020
First Appellate Authority order : 01/01/2021
2nd Appeal/Complaint dated : 20/02/2021
Information sought:
The Appellant filed an RTI application dated 18.10.2020 seeking the following information pertaining to a Memo No. Vig/ 108/ BGS/2019 dated 10.02.2020 of Honorable DPS, Visakhapatnam Region, Visakhapatnam for which he was served 1 with a Rule-16 Charge Sheet. In this connection, provide the following information:
1. "Copy of letter dated 29.08.2019 of Sri. V.Sasibushanarao, BPM GMR Nagar BO a/w Rajam SO which was sent by him to the Postmaster general, Visakhapatnam under Registered Post letter No.RN932020417IN dated 29.08.2019 booked at Srikakulam NPO and a copy of which letter was handed over to Sri. W.Nagadityakumar during the inquiry on 06.09.2019 by hand, wherein Sri. V.Sasibushanarao stated that Sri.W.Nagadityakumar threatened him during the course of inquiry and recorded his statement on 17.08.2019 and he was forced by Sri. W.Nagadityakumar to write false allegations against Sri.B.Gumpaswamy, ASP.
2. Copy of letter dated 10.09.2019 of Sri. VooyakaKoteswararao, Karem village, SeethampetaMandal, Srikakulam District which was sent by him to the Postmaster general Visakhapatnam under Registered Post letter No.RN967298719IN dated 11.09.2019 booked at Srikakulam HO and a copy of which letter was also sent to Sri. W.Nagadityakumar, under Insured Post letter No.RN871412488IN dated 16.09.2019 booked at Srikakulam Official Colony SO wherein Sri. VooyakaKoteswararao stated that he made false allegations against Sri. B.Gumpaswamy,ASP and the contents of the Statement given to Sri. W.Nagadityakumar during the inquiry are not true.
3. Copy of letter dated 10.09.2019 of Sri. T.Ramakrishna, Adali Village, SeethampetaMandal, Srikakulam District which was sent by him to the Postmaster general Visakhapatnam under Registered Post letter No.RN967298705IN dated 11.09.2019 booked at Srikakulam HO and a copy of which letter was also sent to Sri. W.Nagadityakumar, under Insured Post letter No.RN871412488IN dated 16.09.2019 booked at Srikakulam Official Colony SO wherein Sri. T.Ramakrishna stated that he made false allegations against Sri. B.Gumpaswamy, ASP and the contents of the Statement given to Sri. W.Nagadityakumar during the inquiry are not true.
4. Copy of letter of Sri. T. Sriramarao, vatsavalasa village which was sent by him to the Postmaster general Visakhapatnam under Registered Post letter No.RN871413276IN dated 09.09.2019 booked at Srikakulam Official Colony SO and a copy of which letter was also sent to Sri. W.Nagadityakumar, under Insured Post letter No.RN871412488IN dated 16.09.2019 booked at Srikakulam Official Colony SO wherein Sri. T. Sriramarao stated that Sri.W.Nagadityakumar threatened him during the course of inquiry and recorded his statement and he was forced by Sri. W.Nagadityakumar to write false allegations against Sri.B.Gumpaswamy,ASP.
25. Copy of letter of Sri. PV Satyanarayana, gdspkr Calingapatnam SO which was sent by him to the Postmaster general, Visakhapatnam under Registered Post letter No.RN861256284IN dated 07.09.2019 booked at Srikakulam New Colony SO and a copy of which letter was also sent to Sri. W.Nagadityakumar, under Insured Post letter No.RN871412488IN dated 16.09.2019 booked at Srikakulam Official Colony SO wherein Sri. PV Satyanarayana stated that he made false allegations against Sri. B.Gumpaswamy,ASP and the contents of the Statement given to Sri. W.Nagadityakumar during the inquiry are not true.
6. Complaint lodged by Sri. Das, the then Circle Secretay, All India Association of SC/ST Employees against Sri. B.Gumpaswamy
7. Statement of Sri. Das the then Circle Secretary, All india Association of SC/ST Employees, recorded by Sri. W.Nagadityakumar
8. Statements of all other officials recorded by Sri. W.Nagadityakumar basing on the complaint lodged by Sri. Das, the then Circle Secretay, All India Association of SC/ST Employees against Sri. B.Gumpaswamy.
9. Copies of Complaints basing on which Sri. W.Nagadityakumar recorded the Statements of the officials cited in the Charge Sheet.
10.APP-45 of Sri. K.PhakeerBabu GDSMD/MC Korlam BO for the period from 09.11.2018 to 14.12.2018.
11.Leave sanctioned Memo for the period from 09.11.2018 to 14.12.2018 to Sri. K.PhakeerBabu GDSMD/MC Korlam BO.
12.Copy of Acquaintance Roll for the period from 09.11.2018 to 14.12.2018of the Substitute of Sri. K.PhakeerBabu GDSMD/MC Korlam BO.
13.Copies of Necessary Orders made for the Departmental arrangement tothe Post of BPM Sathivada BO a/wGara SO by Sri. W. Nagadityakumarthe then Superintendent of Post Offices, Srikakulam Division and who isthe appointing Authority to the Post of BPM for the periods of his workingas Superintendent of Post Offices, Srikakulam Division.
14.APP-45 of Sri. P.V Satyanarayana, GDSPkr, Calingapatnam SO for theperiod from 01.08.2018 to 19.06.2019 and 24.06.2019 to 26.07.2019
15.Leave sanctioned Memo for the period from 01.08.2018 to 19.06.2019and 24.06.2019 to 26.07.2019 to Sri. P.V Satyanarayana, GDSPkr,Calingapatnam SO.
16.Copy of Acquaintance Roll for the period from 01.08.2018 to 19.06.2019 and 24.06.2019 to 26.07.2019 of the Substitute of Sri. P.VSatyanarayana, GDSPkr, Calingapatnam SO.
17.Copies of Necessary Orders made for the Departmental arrangement to the Post of GDSMC, Vomaravalli BO a/wCalingapatnam SO during theperiods of working of Sri. W. Nagadityakumar as Superintendent of 3 PostOffices, Srikakulam Division and who is the leave sanctioning Authority tothe Post of GDSMC, Vomaravalli BO a/wCalingapatnam SO for the periodof exceeding 90 days of leave.
18.APP-45 of Sri. T.R.Chakrapani, GDSMD, Calingapatnam SO, for the period from 01.08.2018 to 19.06.2019 and 24.06.2019 to 26.07.2019
19.Leave sanctioned Memo for the period from 01.08.2018 to 19.06.2019 and 24.06.2019 to 26.07.2019 to Sri. T.R.Chakrapani, GDSMD,Calingapatnam SO.
20.Copy of Acquaintance Roll for the period from 01.08.2018 to 19.06.2019 and 24.06.2019 to 26.07.2019 of the Substitute of Sri. T.R.Chakrapani,GDSMD, Calingapatnam SO.
21. APP-45 of Sri. M Rajaseshar, gdspkr, Dusi RS SO for the period from 16.06.2018 to 13.05.2019
22.Leave sanctioned Memo for the period from 16.06.2018 to 13.05.2019 toSri. M Rajaseshar, gdspkr, Dusi RS SO.
23.Copy of Acquaintance Roll for the period from 16.06.2018 to 13.05.2019 of the Substitute of Sri. M Rajaseshar, gdspkr, Dusi RS SO.
24.Copies of Necessary Orders made for the Departmental arrangement to the Post of GDSMC/MD, Vanjangi BO a/wDusi RS SO during the periodsof working of Sri. W. Nagadityakumar as Superintendent of Post Offices,Srikakulam Division and who is the leave sanctioning Authority to the Post ofgdspkr, Dusi RS SO for the period of exceeding 90 days of leave.
25. APP-45 of Smt. Ch. Sridevi, gdsmd, Dusi RS SO for the period from 16.06.2018 to 13.05.2019
26.Leave sanctioned Memo for the period from 16.06.2018 to 13.05.2019 toSmt. Ch. Sridevi, gdsmd, Dusi RS SO
27.Copy of Acquaintance Roll for the period from 16.06.2018 to 13.05.2019of the Substitute of Smt. Ch. Sridevi, gdsmd, Dusi RS SO.
28.APP-45 of Smt. N Saraswathi, BPM, Vanjangi BO a/wDusi RS SO for the period from 16.06.2018 to 13.05.2019
29.Leave sanctioned Memo for the period from 16.06.2018 to 13.05.2019 toSmt. N Saraswathi, BPM, Vanjangi BO a/wDusi RS SO
30.Copy of Acquaintance Roll for the period from 16.06.2018 to 13.05.2019 of the Substitute of Smt. N Saraswathi, BPM, Vanjangi BO a/wDusi RS SO
31.APP-45 of GDSMD/MC Ampolu BO a/wSrikurmam SO for the period from01.01.2019 to 28.02.2019
32.Leave sanctioned Memo for the period from 01.01.2019 to 28.02.2019 tothe GDSMD/MC Ampolu BO a/wSrikurmam SO
33.Copy of Acquaintance Roll for the period from 01.01.2019 to 28.02.2019 4 of the Substitute of the GDSMD/MC Ampolu BO a/wSrikurmam SO
34.APP-45 of the BPM Sathivada BO a/wGara SO for the period from09.11.2018 to 14.12.2018
35.Leave sanctioned Memo for the period from 09.11.2018 to 14.12.2018 tothe BPM Sathivada BO a/wGara SO
36.Copy of Acquaintance Roll for the period from 09.11.2018 to 14.12.2018 of the Substitute of the BPM Sathivada BO a/wGara SO 37.APP-45 of the GDSMC, Vomaravalli BO a/wCalingapatnam SO for theperiod from 01.08.2018 to 19.06.2019 and 24.06.2019 to 26.07.2019
38.Leave sanctioned Memo for the period from 01.08.2018 to 19.06.2019 and 24.06.2019 to 26.07.2019 to the GDSMC, Vomaravalli BO a/w Calingapatnam SO
39.Copy of Acquaintance Roll for the period from 01.08.2018 to 19.06.2019 and 24.06.2019 to 26.07.2019 of the Substitute of the GDSMC,Vomaravalli BO a/wCalingapatnam SO
40.APP-45 of the GDSMC/MD, Vanjangi BO a/wDusi RS SO for the period from 16.06.2018 to 13.05.2019
41.Leave sanctioned Memo for the period from 16.06.2018 to 13.05.2019 tothe GDSMC/MD, Vanjangi BO a/wDusi RS SO
42.Copy of Acquaintance Roll for the period from 16.06.2018 to 13.05.2019 of the Substitute of the GDSMC/MD, Vanjangi BO a/wDusi RS SO.
43.Statement dated 28.02.2019 of Sri. K.PakeerBabu, GDSMC/MD, Korlam BO a/wGara SO given before Sri. W. Nagadityakumar.
44.Statement dated 28.02.2019 of Sri. L.Srinivasarao, Komaravanipetavillage given before Sri. W. Nagadityakumar.
45.Statement dated 28.02.2019 of Sri. P.Sivakumar, GDSMD/MC, Ampolu BOa/wSrikurmam SO given before Sri. W. Nagadityakumar.
46.Statement dated 28.02.2019 of Sri. T. Sriramarao, Vatsavalasa villagegiven before Sri. W. Nagadityakumar.
47.Statement dated 26.07.2019 of Sri. VooyakaKoteswararao, Karem villagegiven before Sri. W. Nagadityakumar.
48.Statement dated 26.07.2019 of Sri. TundakaRamakrishan, Adali village given before Sri. W. Nagadityakumar.
49.Statement dated 17.08.2019 of Sri. A.Jojikumar, Torikavalasa village given before Sri. W. Nagadityakumar.
50.Statement dated 17.08.2019 of Sri. V.Sasibushanarao, BPM GMR Nagar BO a/wRajam SO given before Sri. W. Nagadityakumar.
51.Statement dated 23.08.2019 of Sri. B.Chandrayya, SPM CalingapatnamSO given before Sri. W. Nagadityakumar.
552.Statement dated 23.08.2019 of Sri. PV Satyanarayana, gdspkrCalingapatnam SO given before Sri. W. Nagadityakumar.
53.Statement dated 23.08.2019 of Sri. T.Ravichakrapani, gdsmd,Calingapatnam SO given before Sri. W. Nagadityakumar.
54.Statement dated 23.08.2019 of Sri. P.Visweswararao, SPM Dusi RS SO given before Sri. W. Nagadityakumar.
55.Statement dated 23.08.2019 of Sri. M.Rajasekhar, GDSPkr, Dusi RS SO given before Sri. W. Nagadityakumar.
56.Statement dated 23.08.2019 of Smt.Ch. Sridevi, GDSMD, Dusi RS SOgiven before Sri. W. Nagadityakumar.
57.Statement dated 23.08.2019 of Smt.N.Saraswathi, BPM, Vanjangi BO,Dusi RS SO given before Sri. W. Nagadityakumar.
58.Statement dated 06.09.2019 of Sri.B.Gumpaswamy given before Sri. W.Nagadityakumar.
Further the following information may kindly be supplied. a. What action has been taken against Sri.V.Sasibushanarao, BPMGMR Nagar BO a/wRajam SO of Srikakulam Division basing on thedocuments cited in the memo No. Vig/ 108/ BGS/2019 dated10.02.2020 of Honorable DPS, Visakhapatnam Region,Visakhapatnam.
b. Is there any relation between Sri WuritiNagadityakumar, the Inquiry officer and Sri WuritiSasibushanarao, BPM GMR Nagar BO a/wRajam SO of Srikakulam Division.
c. What are the reasons for hiding the documents from Sl No. 01 to 58 by Sri WuritiNagadityakumar, the Inquiry officer before the competent authority while releasing the Memo No.Vig/ 108/ BGS/2019 dated 10.02.2020 of Honorable DPS, Visakhapatnam Region, Visakhapatnam d. What are the reasons for releasing the memo No. Vig/ 108/BGS/2019 dated 10.02.2020 of Honorable DPS, Visakhapatnam Region, Visakhapatnam with back date."
The CPIO furnished a point wise reply and denied information to the appellant on 03.11.2020 stating as under :-
As the case is under process, the information/documents requested from points 1 to 58 couldnot be supplied under Section 8(h) of RTI Act, 2005. The further information requested underpoints a tod is furnished below. a. your question is not clear and not pointed on any particular issue. b. No relation between W Nagaditya Kumar and W Sasibhushanarao, BPM, GMR Nagar BO a/wRajam SO.6
c. The documents were not hidden by Sri W Nagaditya Kumar, AD-I. d. Memo No. Vig/108/BGS/2019 dated 10.02.2020 of DPS, VM was not released with back date.
Being dissatisfied, the appellant filed a First Appeal dated 30.11.2020. FAA's order dated 01.01.2021 directed the CPIO to supply the documents which are available.
Feeling aggrieved and dissatisfied with the non-compliance of FAA's order, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through audio-conference.
Respondent: K V D Sagar, Assistant Director & CPIO present through audio- conference.
The CPIO submitted that in compliance with FAA's order , a revised reply dated 07.01.2021 was provided to the Appellant with a request to submit RTI fees of Rs. 292/- towards the photocopying charges for providing the relevant information. He further submitted that upon receipt of the same, a 76 pages document was furnished to the Appellant on 24.02.2021.
The Appellant rebutted the contentions of the CPIO and stated that complete set of documents as mentioned in the charge sheet has not been provided to him till date except documents running into 76 pages which the CPIO considered as furnishing of all 76 documents have been provided to him. He prayed the Commission to direct the CPIO to provide complete relevant records as referred in the charge sheet since the inquiry in the instant case has already been concluded.
The CPIO interjected to state that all the relevant available documents /information has already been furnished to the Appellant during the preliminary enquiry stage and also in response to instant RTI Application and no additional information is left at their end.
Decision:
The Commission at the outset observes from a perusal of the facts on record that the information sought for in the RTI Application is extremely unspecific and 7 cumbersome and does not even conform to the word limit of 500 as prescribed in Rule 3 of RTI Rules, 2012. As it appears it would be impossible for the public authorities to provide information of such magnitude in any form and will be further unreasonable to expect the CPIOs to correctly apply their mind to decipher what information can be provided or what should be exempted. Moreover, in the instant RTI Application, the Appellant has sought for a multitude of details related to the personal records of various third parties, which would stand exempted from disclosure under Section 8(1)(j) of the RTI Act.
Even if the Commission were to empathetically consider the concerns raised by the Appellant during hearing, he is reminded of the fact that his rightto information is far from being absolute and unconditional. That, it is rather unfortunate that even the best of intentions have to not only stand the test of procedural requirements and fetters laid down in the RTI Act but also stand the test of practicality, a notion well recognised by the superior Courts in a catena ofjudgments such as the Hon'ble Supreme Court's observation in the matter ofCentral Board of Secondary Education (CBSE) & anr. v. Aditya Bandhopadhyayand others [(2011) 8 SCC 497] stating that:
"37. The right to information is a cherished right. Information and right to information are intended to be formidable tools in the hands of responsible citizens to fight corruption and to bring in transparency and accountability. The provisions of RTI Act should be enforced strictly and all efforts should be made to bring to light the necessary information under clause (b) of section 4(1) of the Act which relates to securing transparency and accountability in the working of public authorities and in discouraging corruption. But in regard to other information,(that is information other than those enumerated in section 4(1)(b) and (c) of the Act), equal importance and emphasis are given to other public interests (like confidentiality of sensitive information, fidelity and fiduciary relationships, efficient operation of governments, etc.). Indiscriminate and impractical demands or directions under RTI Act for disclosure of all and sundry information (unrelated to transparency and accountability in the functioning of public authorities and eradication of corruption) would be counter-productive as it will adversely affect the efficiency of the administration and result in the executive getting bogged down with the non- productive work of collecting and furnishing information.
The Act should not be allowed to be misused or abused, to become a tool to obstruct the national development and integration, or to destroy the peace, tranquility and harmony among its citizens. Nor 8 should it be converted into a tool of oppression or intimidation of honest officials striving to do their duty. The nation does not want a scenario where 75% of the staff of public authorities spends 75% of their time in collecting and furnishing information to applicants instead of discharging their regular duties. The threat of penalties under the RTI Act and the pressure of the authorities under the RTI Act should not lead to employees of a public authorities prioritising information furnishing', at the cost of their normal and regular duties."
Having observed as above, the Commission does not find it expedient to question the merits of CPIO's reply which adequately suffices the information sought by the Appellant as per the provisions of RTI Act.
The Appellant is also advised to make judicious use of his right to information in future.
In view of the above, no further relief is pertinent in the matter.
The appeal is disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 9