Central Information Commission
Mr.Pawale Nagappa Shankarrao vs Department Of Post, Aurangabad on 28 January, 2009
Central Information Commission
CIC/AD/A/X/09/00034/AD
Dated January 28, 2009
Name of the Appellant : Mr.Pawale Nagappa Shankarrao
Name of the Public Authority : Department of Post, Aurangabad
Background
1. The Appellant filed an RTI request dt.11.8.08 with the CPIO, Dept. of Post, Aurangabad. He requested for information against 16 points . The CPIO transferred the RTI application to CPIO, Dept. of Post, Osmanabad on 18.8.08 and directed him to provide all the information except for points 1 and 16. The CPIO, Dept. of Posts, Aurangabad replied on 8.9.08 providing information to points 1 and 16. The CPIO, Dept. of Post, Osmanabad replied on 9.9.08 stating the information sought is exempted under Section 8(h) of the RTI Act. The Appellant filed an appeal dt.24.8.08 with the Appellate Authority. The Appellate Authority replied on 3.10.08. The Appellant filed a second appeal dt.29.10.08 before the CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing on January 28, 2009.
3. Mr. Z.B. Maskar, CPIO and SPOs Osmanabad, Mr. A.D. Babras (on behalf of Appellate Authority), ADPT and Mr. H.N. Saste, ASP(HQ) represented the Public Authority.
4. The Appellant was not present during the hearing.
Decision
5. The Respondents submitted that the Appellant had committed a fraud of Rs.54,563/- by keeping shortage in cash balance, non credit in MSEB bill, non credit in RD/CRD/TRC. They also stated that the Department has filed a police case against the Appellant , which is on-going and near about Rs.15,00/- has to be recovered from him and that the Appellant has been removed from service. They further added that the Appellant has filed more than 50 RTI applications, many times asking for the same information and also opinions . They further stated that the information required by the Appellant on Department rulings and on other subjects have been provided to him and that he has also been heard twice by the Appellate Authority in this connection.
6. The Commission holds that with regard to points T and T-1, all papers dealing with the on-going police case are exempted from disclosure under section 8(i)(j). The Commission also directs the CPIO to identify information not given earlier and provide the same to the Appellant within 15 days of the receipt of this Order.
7. The appeal is disposed off.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(K.G.Nair) Designated Officer Cc:
1. Mr.Pawale Nagappa Shankarrao C/o Mamta Niwas B/H Sheetal Hotel Vyas Nagar Nldurg, Tal. Tuljapur Osmanabad 413 602
2. The CPIO & The Asst. Director Postal Services Department of Post O/o Post Master General Aurangabad Region Aurangabad 431 002
3. The Appellate Authority & The Director Postal Services Department of Post O/o Post Master General Aurangabad Region Aurangabad 431 002
4. Officer in charge, NIC
5. Press E Group, CIC