Central Information Commission
P. Francis vs Department Of Posts on 9 February, 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/2020/139715
P. Francis ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Department Of Posts, O/o
Supdt. Of Post Offices,
Anakapalle, RTI Cell,
Visakhapatnam-531001, Andhra
Pradesh. .... ितवादीगण /Respondent
Date of Hearing : 07/02/2022
Date of Decision : 07/02/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 17/12/2019
CPIO replied on : Not on record
First appeal filed on : 19/02/2020
First Appellate Authority order : Not on record
2nd Appeal/Complaint dated : 08/12/2020
Information sought:
The Appellant filed an RTI application dated 17.12.2019 seeking the following information;1
1. The names of the employees working in the Makarnrapalem Sub Post Office, their duties, responsibilities, and the salaries they receive for each month. And the Public information Officer, and the Assistant Public information Officer can provide news information to the sub post office under the RTI Act 2005.
2. From January 1, 2018 to December 10, 2019, the employees of the Makanarapalem Sub Poet Office can provide attendance, all types leaves details and information. And in the meantime, the Narsipatnam Postal ASP, Anakapalli Postal SP, and other officers can obtain permits and provide late arrivals to the office, information on the early departure of the evening office. The names of the employees who got the permits, time and date wise information.
3. Provide information on all types of services, facilities and working of business hours provided to the public through the Makarnrapalem Sub Post office. And every Saturday working hours of business hours, and you can provide information on how be cover counter sales.
4. Provide detailed information on all types of services that are operated in the Sub Post Office through the internet, using the internet, and online.
5. Makavarapalem Sub Postmaster Simhachalam Naidu will be in charge of the Makanarapalem Sub Post Office and Sub Post Master as of the date of commencement till today (10-12-2019) Provide detailed information of not working internet, Online in full days and half days, all types of frozen standing provide detailed information on postal services.
6. Please give dates of the services were stopped when internet, online was working with the time of makavarapalem sub post master simhadralam naidu functions as sub post master from date of commencement to till today (10-12-
2O19). And they can provide information about the reasons why these services have failed.
7. Mankararapalem Sub Post Master Simhadralam Naidu will be in charge of the duties of the Post office of the Makavarapalem Sub Post Office's Sub Post Master, from the day to till date (10-1202019). And Register Letters Booking Details List Copies of Right to information Act 2005, Section 2, j(l) allow you to check copies within dates and obtain Xerox copies of what I need. I could tell you the date I was in favor of for the above purpose please give 3dates for me.
8. When the complaint or request letter regarding the defect of service, inconvenience and loss of service within the purview of sub post office, submitted to the pofil divisional superintendent of the addresses. The above letter submitted the sub post master, For the above process please give the information regarding acknowledgement written by sub post master with details of date with stamp. And also please give departmental Terms, condition and following procedure.
29. I have booked a Registrar Letter at Makararapalem Sub Post Office on 4-11- 19 to Makavarapalent Address. The postman will be able to provide the date details or the delivery as per the terms of delivery.
10. As per the rules and regulations of the Indian Postal Department, the Sub Post Master, and the Postal Assistant will be able to provide detailed information on the time of duty during office hours. And they can provide you with detailed information on what actions you can take when they are sure to be late for duty, and when you are diagnosed as having employees on the village sects while on duty.
11. please give detailed information about the makavarapalem sub postmaster Sinfiadrahm Naldu's qualifications, computer knowledge.
12. MAIGVARAPATAM Sub Post Master Simhachalam Naidu will be incharge of the post office of Makavarapalem, from the day to till date (10-12-19) for postal stamps, postal orders and all other types of public purpose, for post office purposes ln this regard, you can give date wise detailed information of the lndent order to the above office.
13. The postal superintendent of the Anakapalli can confirm copies of all typee of complaints and letters received from the villagers in respect of the Makamrapalem Sub Post Office during the period from 1 st January 2018 to 10th December 2019 and the Postal Superintendent shall issue them. Please give detailed information, copies about settlement against complaints by the postal superintendent.
We have evidence that the sub postmaster of Makanarapalem is financially dishonest to the government, causing undue damage to the public interest with factional fraud, factional intrigue and factional ego. The above information, along with the information requested above was lodged with the above authorities for the purpose of safeguarding public interest and protecting the government from financial fraud.
The CPIO's reply, if any, is not available on record.
Being dissatisfied, the appellant filed a First Appeal dated 19.02.2020. FAA's order, if any, is not available on record.
Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-3
Appellant: Present through audio-conference.
Respondent: J Prasad Babu, SPO & CPIO present through audio-conference.
The CPIO invited attention of the bench towards his written submission dated Nil wherein it has been mentioned that the instant RTI Application was not received directly rather the same was forwarded to their office by the Sub Postmaster, Makavarapalem. He further mentioned that the original RTI Application was neither accompanied by proper IPO nor any supporting document for BPL like a copy of the ration card claiming exemption for payment of RTI fees, therefore , the Appellant was informed accordingly telephonically to file his ration card, however, no revert was received from him either by the then CPIO or by him till date, therefore, no response has been sent to the Appellant. He further apprised the Commission that however, similar information has already been provided to the Appellant vide letters dated 06.11.2018 and 01.09.2021.
The Appellant while rebutting the contentions of the CPIO contested that he had annexed a copy of the ration card with his original RTI Application which was also evident from the footnote of the RTI Application and also the fact remains that the same was also handed over by him to the CPIO personally, however he is aggrieved by the fact that no material information has been provided to him till date.
Decision:
The Commission at the outset takes grave exception to the fact that no response to the instant RTI Application has been provided by the then CPIO to the Appellant as per the provisions of RTI Act. Moreover, the reason accorded by the present CPIO is also irksome to note that the original RTI Application was never accompanied by proper IPO or ration card claiming exemption for payment of RTI fees. The Commission deems this to be an improper conduct, as the then CPIO could have intimated this fact in writing and should have returned the RTI Application to the Appellant with a proper request of filing a copy of the ration card in support of claim for exemption for payment of RTI fees.
The Commission expresses severe displeasure over the conduct of the then CPIO in having evaded the responsibility to act in the letter and spirit of RTI Act. Such conduct of the then CPIO tantamount to causing unwarranted obstruction to the Appellant's right to information and is also in grave violation to the provisions of RTI Act.4
In view of the above, the then CPIO through the present CPIO is hereby directed to send his written explanation to show cause as to why action should not be initiated against him under Section 20 of the RTI Act for not giving timely reply coupled with relevant information to the Appellant. The written explanation of the then CPIO along with supporting documents, if any, should reach the Commission within 15 days from the date of receipt of this order. The present CPIO should ensure service of this order to the concerned then CPIO at his/her present address under due intimation to the Commission for timely compliance of the above directions.
Moreover, in furtherance to hearing proceedings, the present CPIO is hereby directed to file an affidavit with the Commission with a copy of it duly endorsed to the Appellant stating categorically to this effect that the original RTI Application was not filed with a copy of the ration card by the Appellant. The said affidavit of the present CPIO should reach the Commission within 15 days from the date of receipt of this order.
Now, considering the prayer of the Appellant, he is firstly advised to resend a dasti copy of his white ration card along with RTI Application to the CPIO in proof of his claim for exemption for payment of RTI fee; and the CPIO upon receipt of this, is directed to revisit the contents of the RTI Application and provide a point wise reply along with relevant available information without divulging the personal information of the third parties , disclosure of which stands exempted under Section 8(1)(j) of RTI Act. In the event no such information in response to any points of the RTI Application is available in their office records then a categorical statement to this effect in writing against the respective point of information sought may be reflected in the reply of CPIO. The aforesaid reply and information shall be provided by the CPIO free of cost to the Appellant within 15 days from the date of receipt of ration card copy from the Appellant and a compliance report to this effect be filed with the Commission thereafter.
The appeal is disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) 5 Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 6