Central Information Commission
Mahesh Maruti Karache vs Department Of Posts on 9 December, 2024
के ीय सूचना आयोग
Central Information Commission
बाबा गं गनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
ि तीय अपील सं ा / Second Appeal No. CIC/POSTS/A/2023/631774 +
CIC/POSTS/A/2023/631773
Mahesh Maruti Karache ... अपीलकता/Appellant
VERSUS
बनाम
CPIO: Department Of Posts,
Karad ... ितवादीगण/Respondents
Relevant dates emerging from the appeals:
RTI : 07.01.2023 FA : 10.03.2023 SA : 28.06.2023
CPIO : 03.02.2023 FAO : 28.03.2023 Hearing : 06.12.2024
The instant set of appeals have been clubbed for decision as these relate to the same
subject matter.
Date of Decision: 09.12.2024
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
Second Appeal No. CIC/POSTS/A/2023/631774
1. The Appellant filed an RTI application dated 07.01.2023 seeking information on the following points:
(i) Please supply certified copies of Divisional level (DLI) enquiry report and all file notes with remarks of competent authorities during investigation of the said Vidyanagar SO fraud case (Karad Division/Maharashtra Circle), refer to section 4(1) (b) (vi) of RTI act 2005.Page 1 of 5
(ii) Please supply certified copies of the efforts made by administration i.e, The Supdt. Of Posts, Karad to recover the defrauded amount from the main offender in the said Vidyanagar SO fraud case (Karad Division/Maharashtra Circle), refer to section 4(1) (b) (vi) of RTI act 2005.
(iii) Please supply certified copies of legal correspondence made by The Supdt. Of Posts, Karad Division to main offender regarding recovery of defrauded amount in the said Vidyanagar SO fraud case (Karad Division/Maharashtra Circle), refer to section 4(1) (b) (vi) of RTI act 2005.
(iv) Please supply certified copies of legal correspondence made by The Supdt. Of Posts, Karad Division to competent authority regarding attachment and selling of the property of main offender in the said Vidyanagar SO fraud case (Karad Division/Maharashtra Circle), refer to section 4(1) (b) (vi) of RTI act 2005.
(v) Please supply certified copy of FIR lodged by The Supdt. Of Posts, Karad Division against the main offender regarding recovery of defrauded amount in the said Vidyanagar SO fraud case (Karad Division/Maharashtra Circle), refer to section 4(1) (b) (vi) of RTI act 2005.
1.1. The CPIO replied vide letter dated 03.02.2023 and the same is reproduced as under :-
Point No. (i) to (v): This case is under investigation the information cannot be supplied under section 8(h) of RTI Act 2005 as "information which would impede the process of investigation or apprehension or prosecution of offenders."
1.2. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 10.03.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 28.03.2023 upheld the reply given by the CPIO.Page 2 of 5
1.3. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 28.06.2023.
Second Appeal No. CIC/POSTS/A/2023/631773
2. The Appellant filed an RTI application dated 07.01.2023 seeking information on the following points:
(i) Let me know the actual amount defrauded by main offender in Vidyanagar SO fraud case (Karad Division/Maharashtra Circle) and account numbers (with full name and address of depositor) of all transactions with their amount and date of transactions. Supply certified copies of file noting. Therefore, refer to section 4(1) (b) (vi) of RTI act 2005.
(ii) Let me know the actual period of transactions when the said fraud of amount at Vidyanagar SO was committed by main offender in Vidyanagar SO fraud case (Karad Division/Maharashtra Circle) supply certified copies of file noting. Therefore, refer to section 4(1) (b) (vi) of RTI act 2005.
(iii) Let me know the list of original sub-offenders with their share of contributory negligence (amount) fixed and revised list of sub-offenders and their revised share of contributory negligence if any, in the said Vidyanagar SO fraud case (Karad Division/Maharashtra Circle). Supply certified copies of file noting. Therefore, refer to section 4(1) (b) (vi) of RTI act 2005.
(iv) Please supply certified copies of le noting while fixing the amount as share of contributory negligence from sub-offenders in the said Vidyanagar SO fraud case (Karad Division/Maharashtra Circle). Supply certified copies of file noting. Therefore, refer to section 4(1) (b) (vi) of RTI act 2005.
(v) Let me know the details of amount recovered from main offender and sub offenders with date of recovery, amount of recovery, name of post office where amount of recovery deposited along with document numbers in Vidyanagar SO Page 3 of 5 fraud case (Karad Division/Maharashtra Circle) Supply certified copies of file noting. Therefore, refer to section 4(1) (b) (vi) of RTI act 2005.
2.1. The CPIO replied vide letter dated 03.02.2023 and the same is reproduced as under :-
Point No. (i) to (v): This case is under investigation the information cannot be supplied under section 8(h) of RTI Act 2005 as "information which would impede the process of investigation or apprehension or prosecution of offenders."
2.2. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 10.03.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 28.03.2023 upheld the reply given by the CPIO.
2.3. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 28.06.2023.
3. The appellant and on behalf of the respondent Mr. Sanjay Rao, CPIO, attended the hearing through video conference.
4. The appellant inter alia submitted that the replies furnished by the CPIO in both the cases were not in accordance with the information sought in the RTI application. He requested the Commission to direct the respondent to furnish the information, as sought.
5. The respondent while defending their case inter alia submitted that the information sought in both the RTI applications pertained to the third-party case, disclosure of which had no relationship to any public activity or interest, hence, should not be provided. He further submitted that initially the information sought was denied u/s 8 (1) (h) of the RTI application as the matter was under investigation and now the matter is with CBI.
6. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that the replies given by the CPIO on Page 4 of 5
03.02.2023 are evasive and contradictory to the submission furnished by him during the hearing. Further, the CPIO without applying his mind, has simply denied the information u/s 8 (1) (h) of the RTI Act, without appreciating the fact that the information sought for relates to the personal information of a third-party disclosures of which would otherwise be exempt u/s 8 1 (j) of the RTI Act. Therefore, the Commission directs the CPIO to submit a written statement before the Commission, explaining the reason for claiming wrong exemption in his replies, along with the comments of the First Appellate Authority, by uploading on http://dsscic.nic.in/online-link-paper-compliance/add, within 15 days from the date of the receipt of this order
7. Further, the Commission directs the respondent to provide a revised reply to the appellant in both the cases, specifying the correct exemptions clauses or sub-clauses as enumerated under section 8 and 9 of the RTI Act, wherever applicable, within 15 days from the date of the receipt of this order, under intimation to the Commission. With this observation and direction, the appeals are disposed of.
Copy of the decision be provided free of cost to the parties.
Sd/-
(Anandi Ramalingam) (आनंदी रामिलंगम) Information Commissioner (सूचना आयु ) िदनांक/Date: 09.12.2024 Authenticated true copy Col S S Chhikara (Retd) कनल एस एस िछकारा, ( रटायड) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:
1. The CPIO O/o. The Superintendent of Post Offices, Supdt. & CPIO, Department of Posts, Karad Division, Karad, MH- 415110
2. Mahesh Maruti Karache Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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