Central Information Commission
Mrkunjan Tripathi vs Department Of Posts on 27 November, 2015
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/BS/A/2014/002518+002486/9102
27 November 2015
Relevant Facts emerging from the Appeal:
Appellant : Mr. Kunjan Tripathi
Vill + Post - Nonari,
Dist - Kanpur (Dehat) - 209310.
U.P.
Respondent : CPIO / Superintendent of Post offices
Department of Post
O/o the Superintendent of Post offices
Kanpur (M) Postal Division,
Kanpur - 208001
: CPIO
Office of the PMG
Department of Post
Kanpur - 208001
RTI application filed on : 09/08/2014
PIO replied on : 10/09/2014
First appeal filed on : 04/10/2014
First Appellate Authority order : 27/10/2014
Second Appeal dated : 31/10/2014
Information sought:
File No. CIC/BS/A/2014/002518 The appellant has sought the following information:-
1. Copy of complaint Asha Devi or Asha Diwakar Kesampur Etawah in respect of GDS BOM NON ARI.
2. Copy of confirmation by the complaint in respect of GDS BOM NONARI.
3. Copy of RO letter No. VIG/M-8/02/2014 dated 05/08/14 send to SPOS Kp(M) Dn. For termination of GDS BOM NONARI.
4. Copy of review report of committee regarding irregularities in respect of appointment of GDS BPM NONARI.
5. All copies of Circle office letters received in RO Kanpur regarding appointment of GDS BPM NONARI.
6. Copy of the letter calling explanation of the appointing authority Sh. GP Bajpai the then SPOS KP(M) Dn. On the alleged irregularities.
7. Copy of the explanation submitted by the appointing authority on the alleged irregularities.Page 1 of 3
8. Copy of the letter of the then SPOS KP(M) Dn. Sh. G.P. Bajpai proposing the post of GDS BPM NONARI to be filled up by the PH person.
9. Copy of action taken by RO Kanpur on the letter of the then SPOS KP(M) Sh. G.P. Bajpai mentioned at above Sr. no. 8.
10. Copy of showcause notice issued by RO Kanpur to the terminated candidate before terminated from the post of GDS BOM NONARI.
11. Whether all the similar appointments of GDS BPM where category of notified advertisement were changed by appointing authority have been cancelled by RO KANPUR BO- Majhra pipar Kheda SO - Gangaghat District - Unnao and other also.
File No. CIC/BS/A/2014/002486
1. On what basis/rulings the Review committee was made by Postal department for the appointment of Dakpal.
2. What is the Constitution of the Review committee made for the appointment of Dakpal.
3. Provide the name and designation of the chairman of the Review Committee.
4. Provide the name and designation of the member of Review Committee.
5. Provide the copies of the complaint received by Aasna Devi Diwakar D/o Ramsingh C/o Nitin Mishra Keshampur (Juan) Auraiya from PMG office and CPMG Office.
6. Provide the copy of the complaint filed by Saroj Devi (Dak Vitrak) Nonari against the selection/appointment of Nonari Dakpal.
7. Provide the copy of the application given by Saroj Devi for getting the post of Dakpal to PMG Office and Superintendent KP (M).
8. Provide the copies of note sheets of Branch Dakpal Nonari circular no. Vig/M-8/02/2014.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing held on 06/11/2015:
The following were present Appellant: Mr. Kunjan Tripathi through VC Respondent: Mr. R K Tiwari CPIO's representative through VC It is seen that the information sought in both the appeals is inter-related and hence they are heard together and disposed of by a common order.
The CPIO's representative stated that response to the appellant's RTI applications was given vide letters dated 10/09/2014 and the replies have been upheld by the FAA vide order dated 27/10/2014. The appellant stated that he was working as GDS at Nonari BO and his services have been terminated by the PMG and he wants copy of the enquiry/review report based on which the termination order was issued. The CPIO's representative stated that he is representing SSPO Kanpur and requested that the matter may be adjourned to enable the CPIO PMG office to file his response.
Interim Decision notice dated 06/11/2015:
As requested by the CPIO's representative the matter is adjourned with a direction to the CPIO O/o PMG Kanpur to furnish his submissions to the Commission (endorsing a copy to the appellant) by 20/11/2015. The CPIO should send his submissions to the Commission by post and also by e-mail at [email protected].Page 2 of 3
The matter is adjourned for 27/11/2015 at 04.00 PM.
Relevant Facts emerging during the Hearing:
The following were present Appellant: Mr. Kunjan Tripathi through VC Respondent: Mr. M K Sharma CPIO's representative through VC The appellant stated that the respondents have given only copy of the order but not the inquiry/review report based on which the termination order was issued. The CPIO's representative stated that the appellant has been informed that the matter is under investigation. The appellant vehemently argued that it is apparent from the submissions of the respondent that his service has been terminated in gross violation of rule 4(3)(c) of GDS Conduct and Employment Rules 2011.
Decision Notice:
The RTI Act is not the proper law for redressal of grievances/disputes and there are other appropriate forum(s) for resolving such matters.
The information, as available on record, has been furnished.
The matter is closed.
BASANT SETH Information Commissioner Authenticated true copy:
(R. L. Gupta) Dy. Registrar/Designated Officer Page 3 of 3