Central Information Commission
Mr.Arvind Singh vs Ministry Of Communications And ... on 30 December, 2010
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/DS/C/2010/000371/LS
(Arvind Singh -Vs- Deptt. Of Posts)
Dated : 30.12.2010
This is in continuation of this commission's proceedings dated 29.10.2010. As scheduled, the matter is called for hearing today dated 30.12.2010. Appellant present. The Department is represented by Shri Prem Chand Pal, Manager, Speed Post, Chandigarh. He submits a copy of the Enquiry Report conducted by him as per the directions of the Commission which is perused. A copy thereof is also supplied to the appellant. The Enquiry Report clearly indicates that the Speed Post in-question was lost in transit. We are impressed with the detailed enquiry conducted by Shri Pal and commend his efforts.
2. Now we come to the question of award of compensation to the appellant. Shri Pal draws our attention to section 6 of Indian Post Office Act, 1898, which provides that the Department is not liable for loss or mis-delivery etc. The said section is extracted below :-
"6. Exemption from liability for loss, misdelivery, delay or damage :- The Government shall not incur any liability by reason of the loss, misdelivery or delay of, or damage to, any postal article in course of transmission by post, except in so far as such liability may in express terms be undertaken by the Central Government as hereinafter provided; and no officer of the Post Office shall incur any liability by reason of any such loss, misdelivery, delay or damage, unless he has caused the same fraudulently or by his willful act or default."
2. When queried by the Commission as to whether there is any provision for payment of compensation for loss of parcel in transit, he produces a copy of the circular dated 22.1.1999 issued by the Directorate General of Posts, New Delhi, which provides for maximum compensation of Rs. 1,000/-.
3. The position is explained to the appellant. He is not satisfied with the stand taken by Shri Pal. According to him, due to loss of parcel in transit, detriment has been caused to him under section 19(8)(b) in as much as his registration as an Advocate with the Bar Council of Chandigarh got delayed by a couple of months due to which he suffered financial loss as he could not file vakalatnama in the briefs which came his way.
4. It is to be noted that this Commission is competent to award compensation under section 19(8)(b) only when detriment is caused to an information seeker due to non-supply of information. In our opinion, it is not a case of non-supply of information in as much as the RTI application dated 10.12.2009 filed by the appellant was duly responded to by the Department of Posts vide letter dated 31.12.2009. Even so, given the fact that the appellant had to appear before the Commission twice all the way from Chandigarh to Delhi at his personal cost, and also incurred some expenditure in obtaining duplicate documents from Sambalpur University which were lost in transit, and for equitable considerations, we are of the opinion that ends of justice will be met if compensation of Rs. 1,000/- is awarded to him. Hence, we hereby direct Shri Jagdeep Gupta, Senior Superintendent of Post Offices(CPIO), Chandigarh Division, Chandigarh, to remit Rs. 1,000/- to Shri Arvind Singh s/o Shri Surjeet Singh, r/o House No. 87, Garden Colony, near Gurukul Public School, Rup Nagar(Punjab) through Demand Draft under intimation to this Commission.
5. The order of the Commission may be complied with in 04 weeks time.
Sd/-
(M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(K.L. Das) Assistant Registrar Address of parties :-
1. Shri Jagdeep Gupta, Senior Superintendent of Post Offices(CPIO), Department of Posts, Chandigarh Division, Chandigarh
2. Shri Arvind Singh, s/o Shri Surjeet Singh, R/o H. No. 87, Garden Colony, Near Gurukul Public School, Rup Nagar-140001.