Central Information Commission
Umesh S Mohurle vs Department Of Posts on 6 April, 2017
CENTRAL INFORMATION COMMISSION
2nd Floor, 'B' Wing, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi -110066
Tel : +91-11-26186535
Appeal Nos. CIC/BS/A/2016/000486, CIC/BS/A/2016/000487,
CIC/BS/A/2016/000579, CIC/BS/A/2016/000485,
CIC/BS/A/2016/000484, CIC/BS/A/2016/000963,
CIC/BS/A/2016/001131, CIC/BS/A/2016/000480,
CIC/BS/A/2016/000587, CIC/BS/A/2016/000585,
CIC/BS/A/2016/000586, CIC/BS/A/2016/000584,
CIC/BS/A/2016/000583, CIC/BS/A/2016/000582,
CIC/BS/A/2016/000581, CIC/BS/A/2016/000580,
CIC/BS/A/2016/000952, CIC/BS/A/2016/000483,
CIC/BS/A/2016/000481, CIC/BS/A/2016/000951,
CIC/BS/A/2016/001436, CIC/BS/A/2016/000479,
CIC/BS/A/2016/000950, CIC/BS/A/2016/000949,
CIC/BS/A/2016/000948, CIC/BS/A/2016/000947.
(Total 26 cases)
Appellant: Umesh S Mohurle,
Plot No. 18, Shastrakar Layout,
Shastrakar Nagar, Bye Pass Road,
Distt. Chandrapur,
Maharashtra-442401.
(8806763273)
Respondent(s): Central Public Information Officer,
SSPOs, Deptt. of Posts,
O/o Sr. Supdt. of Post Offices,
Nagpur Moffusil Divn.,
Nagpur-440002.
Date of Hearing: 31.03.2017
Date of decision: 31.03.2017
ORDER
Facts:
1. The appellant filed RTI applications referred to in the abovementioned 26 appeals. Information sought for by the appellant and responses given by the respondent is given below:-
S.No Appeal No. Information sought by the appellant CPIO's reply/FA/FAO
1. CIC/BS/A/ Ledger Copy of his Salary Account for The CPIO vide letter 2016/00048 Account no. 122092 at Gondia City 22.12.2015 informed 1, RTI sub Post office. the appellant that the 1 application matter was under dated investigation.
14.12.2015 The appellant filed first
appeal dated
31.12.2015.
The FAA response is not
on record.
2. CIC/BS/A/2 Remaining information from Tirora The CPIO vide letter 016/000483, Sub Post office in the attached format. dated 16.12.2015 RTI informed the appellant application that the matter was under investigation.
dated The appellant filed first 12.12.2015 appeal dated 31.12.2015.
The FAA response is not on record.
3. CIC/BS/A/ Information on 21 points pertaining to The CPIO vide letter 2016/00095 delivery of registered letters. dated 11.02.2016 2,RTI informed the appellant application that information on point nos. 1, 4, 7, 10, dated 13, 16 and 19 is 13.01.2016 available on its website www.indiapost.gov.in The appellant filed first appeal dated 18.02.2016. The FAA response is not on record.
5. CIC/BS/A/2 Record seized by the investigation The CPIO vide their 016/000487, officer during the investigation of letter dated 22.12.2015 RTI fraud case of Tirora sub post office; informed that the fraud application copy of SB-3 cards of 18 accounts; case is under etc. investigation and police dated investigation is also 17.12.2015 pending and such information is exempted from disclosure under Section 8(1)(h) of the RTI Act. The appellant filed first appeal on 31.12.2015. The response of FAA is not on record.
4. CIC/BS/A/2 Copy of nominal roll register of Gondia The CPIO vide their 016/000963, Head Post Office for the month of letter dated 09.02.2016 RTI February, 2015; copy of consolidation informed that the fraud application journal of deposit/withdrawal case is under prepared at Gondia Head Post Office, investigation and police dated 2 27.01.2016 maintained in form SB-72 for the investigation is also month of February, 2015. pending and such information is exempted from disclosure under Section 8(1)(h) of the RTI Act. The appellant filed first appeal on 18.02.2016. The response of FAA is not on record.
5. CIC/BS/A/2 Daily account and accounting date in The CPIO vide their 016/000947, given format as attached with the RTI letter dated 08.01.2016 RTI application from April, 2010 to March, informed that the fraud application 2015. case is under investigation and police dated investigation is also 01.01.2016 pending and such information is exempted from disclosure under Section 8(1)(h) of the RTI Act. The appellant filed first appeal on 18.02.2016. The response of FAA is not on record.
6. CIC/BS/A/2 Daily account and accounting date in The CPIO vide their 016/000948, given format as attached with the RTI letter dated 08.01.2016 RTI application from April, 2010 to March, informed that the fraud application 2015. case is under investigation and police dated investigation is also 01.01.2016 pending and such information is exempted from disclosure under Section 8(1)(h) of the RTI Act. The appellant filed first appeal on 18.02.2016. The response of FAA is not on record.
7. CIC/BS/A/2 Date of consolidation prepared at The CPIO vide their 016/000949, Gondia HO for accounting of letter dated 11.01.2016 RTI subordinate office; name of official informed that the fraud application who prepared consolidation for SB case is under category; name of official who investigation and police dated supervise for consolidation for SB investigation is also 06.01.2016 category; name of official who pending and such prepared consolidation for RD information is exempted category at Gondia HO, etc. as per the from disclosure under attached format with the RTI Section 8(1)(h) of the application from April, 2010 to March, RTI Act. The appellant 2015. filed first appeal on 3 18.02.2016. The response of FAA is not on record.
8. CIC/BS/A/2 Date of consolidation prepared at The CPIO vide their 016/000950, Gondia HO for accounting of letter dated 13.01.2016 RTI subordinate office; name of official of informed that the fraud application SBCO who checked the vouchers as case is under per rules for SB category; name of investigation and police dated official of SBCO supervisor who investigation is also 06.01.2016 supervise the payment vouchers for pending and such SB category, etc. as per the attached information is exempted format with the RTI application from from disclosure under April, 2010 to March, 2015. Section 8(1)(h) of the RTI Act. The appellant filed first appeal on 18.02.2016. The response of FAA is not on record.
9. CIC/BS/A/2 Action taken on the report dated The CPIO vide their 016/000479, 29.01.2015; whether short amount letter dated nil informed RTI was recovered from the officials; that the fraud case is application whether the short amount was under investigation and adjusted with any bills or documents. police investigation is dated also pending and such 20.11.2015 information is exempted from disclosure under Section 8(1)(h) of the RTI Act. The appellant filed first appeal on 31.12.2015. The response of FAA is not on record.
10. CIC/BS/A/2 Copy of daily account and cash book The CPIO vide their 016/001436, of Tirora sub post office for letter dated 17.11.2015 RTI 29.01.2015; list of MPKBY of Tirora informed that the fraud application sub post office; number of RD case is under accounts assigned to MPKBY agents, investigation and police dated etc. investigation is also 02.11.2015 pending and such information is exempted from disclosure under Section 8(1)(h) of the RTI Act. The appellant filed first appeal on 15.12.2015. The response of FAA is not on record.
11. CIC/BS/A/2 Status of RD accounts as on The CPIO vide their 016/000951, 31.12.2002 for SBCO, Gondia Post letter dated 08.01.2016 RTI Office viz. number of accounts; total informed that the fraud application balance of RD accounts, etc. as per case is under the format annexed with the RTI investigation and police dated 4 06.01.2016 application. investigation is also pending and such information is exempted from disclosure under Section 8(1)(h) of the RTI Act. The appellant filed first appeal on 18.02.2016. The response of FAA is not on record.
12. CIC/BS/A/2 Copy of 18 RD accounts ledger copies The CPIO vide their 016/000485, as mentioned in the RTI application. letter dated 22.12.2015 RTI informed that the fraud application case is under investigation and police dated investigation is also 17.12.2015 pending and such information is exempted from disclosure under Section 8(1)(h) of the RTI Act. The appellant filed first appeal on 31.12.2015. The response of FAA is not on record.
13. CIC/BS/A/2 Information regarding leave period The CPIO vide their 016/000579, from 05.08.2011 viz. El leave, medical letter dated 19.11.2015 RTI leave, training period, etc. informed that the fraud application case is under investigation and police dated investigation is also 19.10.2015 pending and such information is exempted from disclosure under Section 8(1)(h) of the RTI Act. The appellant filed first appeal on 02.12.2015. The response of FAA is not on record.
14. CIC/BS/A/2 Duty list of Tirora sub post office. The CPIO vide their 016/000580, letter dated 17.11.2015 RTI informed that the fraud application case is under investigation and police dated investigation is also 19.10.2015 pending and such information is exempted from disclosure under Section 8(1)(h) of the RTI Act. The appellant filed first appeal on 5 02.12.2015. The response of FAA is not on record.
15. CIC/BS/A/2 Copies of all the statement taken from The CPIO vide their 016/000581, the appellant during primary letter dated 17.11.2015 RTI investigation of the fraud cases. informed that the fraud application case is under investigation and police dated investigation is also 16.10.2015 pending and such information is exempted from disclosure under Section 8(1)(h) of the RTI Act. The appellant filed first appeal on 02.12.2015. The response of FAA is not on record.
16. CIC/BS/A/2 (i) Copies of the visit report of The CPIO vide their 016/000582, the Sub-Divisional Inspector letter dated 17.11.2015 RTI to Tirora for the period informed that the fraud application 2013-14 and 2014-15. case is under
(ii) Copies of inspection report investigation and police dated and the Compliance report. investigation is also 16.10.2015
(iii) Copy of the Ledger card pending and such register maintained at information is exempted Tirora. from disclosure under
(iv) R.D. Account of Tirora. Section 8(1)(h) of the
(v) Index of the ledger card RTI Act. The appellant register. filed first appeal on
(vi) Index of RD Account. 02.12.2015. The response of FAA is not on record.
17. CIC/BS/A/2 Copy of the Daily Accounts The CPIO vide their 016/000583, submission to Gondia HO by Tirora letter dated 17.11.2015 RTI Sub post office from 01.12.2014 to informed that the fraud application 10.03.2015. case is under investigation and police dated investigation is also 18.10.2015 pending and such information is exempted from disclosure under Section 8(1)(h) of the RTI Act. The appellant filed first appeal on 02.12.2015. The response of FAA is not on record.
18. CIC/BS/A/2 (i) Credit certificate of UCR No. The CPIO vide their 016/000584, B 925 for Rs. 2,00,000/- at letter dated 17.11.2015 RTI Gondia HO dated informed that the fraud application 10.03.2015. case is under 6 dated (ii) Credit certificate of UCR A investigation and police 27.10.2015 957 for Rs. 5,00,000/- at investigation is also Tirora SO dated 10.03.2015. pending and such information is exempted from disclosure under Section 8(1)(h) of the RTI Act. The appellant filed first appeal on 02.12.2015. The response of FAA is not on record.
19. CIC/BS/A/2 (i) Current duty list (work The CPIO vide their 016/000586, distribution memo) of SBCO letter dated 17.11.2015 RTI under Gondia HO. informed that the fraud application (ii) Nominal roll of SBCO under case is under Gondia HO from January, investigation and police dated 2011. investigation is also 27.10.2015 pending and such information is exempted from disclosure under Section 8(1)(h) of the RTI Act. The appellant filed first appeal on 02.12.2015. The response of FAA is not on record.
20. CIC/BS/A/2 (i) Current duty list (work The CPIO vide their 016/000585, distribution memo) of letter dated 17.11.2015 RTI Gondia HO. informed that the fraud application (ii) Nominal roll of Gondia HO case is under from January, 2011. investigation and police dated investigation is also 27.10.2015 pending and such information is exempted from disclosure under Section 8(1)(h) of the RTI Act. The appellant filed first appeal on 02.12.2015. The response of FAA is not on record.
21. CIC/BS/A/2 Copy of the official record seized The CPIO vide their 016/000587, during investigation by SDI, letter dated 17.11.2015 RTI Bhandara North Sub Divn., informed that the fraud application Tumsar. case is under investigation and police dated investigation is also 30.10.2015 pending and such information is exempted from disclosure under 7 Section 8(1)(h) of the RTI Act. The appellant filed first appeal on 02.12.2015. The response of FAA is not on record.
22. CIC/BS/A/2 Information on 6 points related to the The CPIO vide their 016/000480, details of the investigation report for letter dated 16.12.2015 RTI Tirora Sub Post office fraud case viz. informed that the fraud application (i) Name and designation of the officer case is under conducting inquiry. investigation and police dated
(ii)Copy of the primary investigation investigation is also 12.12.2015 report etc. pending and such information is exempted from disclosure under Section 8(1)(h) of the RTI Act. The appellant filed first appeal on 31.12.2015. The response of FAA is not on record.
23. CIC/BS/A/2 Copy of the R.O. letter no. The CPIO vide their 016/001131, NR/CNS/Corr/2013 dated letter dated 19.01.2016 RTI 24.01.2014. replied that no record application was available with their office. The appellant dated filed first appeal on 21.12.2015 28.01.2016. The FAA responded on 23.02.2016.
24. CIC/BS/A/2 (i) Rules related to raid by the The CPIO vide their 016/00484, postal authority. letter dated 22.12.2015 RTI (ii) Copy of the inventory informed that the fraud application related to the seized case is under material/records. investigation and police dated
(iii) No. of raids done by the investigation is also 17.12.2015 postal authority during the pending and such investigation of the fraud information is exempted case. from disclosure under Section 8(1)(h) of the RTI Act. The appellant filed first appeal on 31.12.2015. The response of FAA is not on record.
825. CIC/BS/A/2 (i) Details of the Savings Bank account The CPIO vide their 016/000486, submitted by the counter assistant at letter dated 22.12.2015 RTI Tirora sub post office, (ii) Daily informed that the fraud application account of Tirora sub post office, and case is under
(iii) copy of the RD list of transaction investigation and police dated at Tirora sub post office. investigation is also 17.12.2015 pending and such information is exempted from disclosure under Section 8(1)(h) of the RTI Act. The appellant filed first appeal on 31.12.2015. The response of FAA is not on record.
26. CIC/BS/A/2 Seeking copy of the daily report The CPIO vide their 016/001131, addressed to all SSPOs in Nagpur letter dated 19.01.2016 RTI Region regarding CBS migration informed that the said application activities. letter was not available in record. The dated appellant filed first 21.12.2015 appeal on 28.01.2016.
The FAA responded on 23.02.2016.
Hearing:
2. Both the parties participated in the hearing through video conferencing.
Both the parties agreed to hearing of these 26 cases together, as the subject matter is similar in nature.
3. The appellant stated that after completion of the investigation, the charge- sheet has been filed and the matter is under trial. He also stated that in such scenario, the respondent should provide him the sought for information.
4. With respect to CIC/BS/A/2016/001131 (at serial no. 23), the appellant sought a copy of R.O. Letter No. NR/CBS/Corr/2013 Dated at Nagpur the 24.01.2014, with the subject 'Regarding daily report of CBS migration activities'. In response to this, the respondent stated that the letter required by the appellant on the above subject is not available with their office. But if the appellant provides a copy of the e-mail dated 21.05.2014 in which the said letter was allegedly quoted, then they will make a search in their record, and if available, they will furnish it to him.
95. The respondent stated that the administrative charge-sheet has been served to the appellant in March-April, 2016. In addition, CBI and state police is investigating certain aspects of this case, which involve corruption. Some original documents have been seized by the CBI. The respondent also stated that they have the list of the documents which were seized by the CBI. Original documents were not given to the state police for investigation and are available with them. With the original documents available with the respondents, they can provide part information to the appellant. Discussion/ observation:
6. The sought for information should be provided to the appellant to the extent available in original records with the respondent. For documents available with CBI, the RTI should be transferred to them. Decision:
7. The respondent is directed to provide information as available with them free of cost, within 30 days from the date of receipt of this order. For information where original documents are with CBI, the relevant parts of RTI may be transferred to CBI. The respondent is directed to transfer this RTI application under section 6(3) of the RTI Act to the CBI within 5 days from the date of receipt of this order and the CBI should reply to the appellant within the next 30 days.
8. The respondent is also directed to provide a reply to the appellant w.r.t. file no. CIC/BS/A/2016/001131, if the e-mail copy as stated above by the appellant is given to the respondent.
The appeals are disposed of. Copy of the order be given to the parties free of cost.
(Radha Krishna Mathur) Chief Information Commissioner Authenticated true copy (S.C. Sharma) Dy. Registrar 10