Central Information Commission
Bhuban Bhsan Nayak vs Department Of Posts on 23 January, 2025
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/2023/133232
Bhuban Bhusan Nayak ... अपीलकता/Appellant
VERSUS
बनाम
CPIO: Department of Post,
Kendrapara ... ितवादीगण/Respondent
Relevant dates emerging from the appeal:
RTI : 11.04.2023 FA : 05.05.2023 SA : 29.07.2023
CPIO : 02.05.2023 FAO : 16.05.2023 Hearing : 03.01.2025
Date of Decision: 22.01.2025
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Appellant filed an RTI application dated 11.04.2023 seeking information as under:
"My original policy bond and PR book for RPLI policy no R-OR-EA-676887 has been submitted to Kendrapara Head post office on dated February 14, 2023, which is not returned to me till date. The reason for such delay and inaction is to be intimated to me under RTI Act 2005 as per the ambient of law."
2. The CPIO replied vide letter dated 02.05.2023 and the same is reproduced as under:
Page 1 of 3"The original policy bond and. PR book of RPLI policy No- R-OR-EA-676887 has been returned to the Policy holder vide Kendrapara HO RL No- RO034634563IN."
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 05.05.2023. The FAA vide order dated 16.05.2023 observed as under:
"On careful examination of the case it is seen that the CPIO in his reply stated that the PR Book and RPLI Policy Bond of Sri Bibhu Bhusan Nayak was despatched vide RL No RO 034634563IN. The CPIO has not informed the applicant regarding the cause of delay. The CPIO is instructed to provide the information regarding the reason for delay in return of PR Book and RPLI Policy Bond R-OR-EA- 676887.
The appeal is disposed off accordingly."
4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 29.07.2023.
5. The Appellant was present during the hearing through audio conference and on behalf of the Respondent, Ranjan Kumar Sahu, SPO & CPIO attended the hearing through audio conference.
6. The Appellant lamented that the CPIO deleted the second part of the RTI query while replying to the RTI Application on 02.05.2023 and eventually the information provided in compliance with the FAA's order is also delayed.
7. The Respondent submitted that he has assumed the charge only about 6 months ago and noted the instant matter only upon receipt of the hearing notice and has provided the Appellant with a suitable reply on 26.12.2024 wherein the reasons for return of the averred bond have been mentioned.
8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes at the outset that the instant RTI Application does not conform to Section 2(f) of the RTI Act as the Appellant has sought for answer to an interrogative and speculative query requiring the CPIO to deduce and interpret the records. For the said reason, the reply provided by the CPIO on 02.05.2023 Page 2 of 3 could not have been called into question, yet the FAA overstretched the mandate of the RTI and directed the CPIO to provide the reasons to the Appellant without rationalizing if any such readily available record exists. Following this, the present CPIO has also provided a detailed reply enumerating the reasons in the form of providing a clarification, which is upheld in keeping with the spirit of the RTI Act.
However, the FAA's order under reference is set aside, resultantly, the cause of action as raised in the second appeal being non-compliance of the FAA's order does not sustain.
9. The Appeal is dismissed accordingly.
Copy of the decision be provided free of cost to the parties.
Sd/-
(Anandi Ramalingam) (आनंदी रामिलंगम) Information Commissioner (सूचना आयु ) िदनांक/Date: 22.01.2025 Authenticated true copy Bijendra Kumar (िबज कुमार) 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, Kendrapara Divsion, Kendrapara-754211
2. Bhuban Bhusan Nayak Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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