Central Information Commission
Kinshuk Mayur vs Department Of Posts on 29 June, 2022
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/POSTS/A/2021/623607
Kinshuk Mayur ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Department of Posts, Office of
the Supdt. of Post Offices,
RTI Cell, South Presidency
Division, Baruipur, South 24
Parganas-700144, West Bengal. .... ितवादीगण /Respondent
Date of Hearing : 27/06/2022
Date of Decision : 27/06/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 29/01/2021
CPIO replied on : 10/03/2021
First appeal filed on : 02/05/2021
First Appellate Authority order : 13/05/2021
2nd Appeal/Complaint dated : NIL
Information sought:
The Appellant filed an RTI application dated 29.01.2021 seeking the following information:
1. Certified copy of note sheet indicating noting by various officials and decision of competent authority on my above mentioned SPEED POST COMPLAINT NO-
L200809-04/.74/2020/SPEED POST DTD 09.08.2020 1
2. Certified copy of report or feedback obtained with respect to the SPEED POST COMPLAINT in my above mentioned SPEED POST COMPLAINT NO- L200809- 04/74/2020/SPEED POST DTD 09.08.2020
3. Certified copy of the note sheet indicating noting by various officials and decision of competent authority on investigation report or feedback obtained with respect to the issues raised in my above mentioned SPEED POST COMPLAINT NO- L200809-04/74/2020/SPEED POST DTD 09.08.2020
4. Certified copy of letter, directions and/or instructions issued to concerned authority / subordinate office as a follow up action based on report or feedback on my above mentioned SPEED POST COMPLAINT NO- L200809-04/74/2020/SPEED POST DTD 09.08.2020
5. In case no action is taken on my SPEED POST COMPLAINT NO- L200809- 04/74/2020/SPEED POST DTD 09.08.2020 please inform me the name of officer(s) and staff responsible, but failed to take action on my above mentioned SPEED POST COMPLAINT NO- L200809-04/74/2020/SPEED POST DTD 09.08.2020
6. Certified copy of your rules or citizens charter or any other document stipulating the time frame in number of days by which such a SPEED POST COMPLAINT NO- L200809-04/74/2020/SPEED POST DTD 09.08.2020 should have been dealt with and resolved by your public authority.
The CPIO furnished a point wise reply to the appellant on 10.03.2021 stating as follows:-
Point No. 1 to 5:- N/A (as the article bearing No. EW307515919IN mentioned in the referred Speed Post complaint of ref. No. L200809-04/74/2020/speed post 09.08.2020, has been booked from Budge-Budge SO on 27.07.2020 and sent to Kolkata NSH vide Bag No. EBW0024839660 the same day.
Point No. 6:- Available in the website www.indiapost.gov.in.
Being dissatisfied, the appellant filed a First Appeal dated 02.05.2021. FAA's order dated 13.05.2021 held that the required information has already been provided by the CPIO on 10.03.2021.
Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal on the following grounds -
"...I think CPIO does not understand my query. In case where the requested information is held by another public authority or subject matter of the application is more closely connected with functions of another public authority, then the 2 application is to be transferred to such other public authority within 5 days. So please I request to you to give this information immediately free of cost....."
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through video-conference. Respondent: Tanmay Halder, Inspector of Post & Rep. of CPIO present through video-conference.
The Appellant while reiterating the contents of his RTI Application expressed his dissatisfaction with the fact that no material information has been provided to him either by the CPIO or by FAA in response to points no. 1 - 5.
In response to Appellant's contentions, the Rep. of CPIO submitted that the information sought through the instant RTI Application was not available in their office. He further submitted that although the averred article was booked from the Post office which falls under their jurisdiction; however, the fact remains that the Post office where the article was sent does not come under their jurisdiction. Thus, his office/CPIO was not the actual custodian of the information sought. To a query from the Commission regarding the details of addressee post office the Rep. of CPIO failed to give cogent response.
Decision:
The Commission observes from a perusal of records that the reply of the CPIO in response to points no. 1- 5 of RTI Application is not very cogent and largely fails to comply with the provisions of RTI Act; as it can be easily construed from the response of the CPIO with regards to said points the CPIO instead of transferring the RTI Application to the concerned record holder under Section 6(3) of RTI Act or accessing the same by invoking Section 5(4) of RTI Act , he merely intimated the factual status of the actual custodian of the information sought. In this regard, the CPIO is advised to exercise due diligence while responding to RTI Applications in future and ensure facilitation and proper assistance to the information seeker for getting the information.
Now, considering the prayer of the Appellant and also the efflux of time, the CPIO is directed to revisit the contents of RTI Application and provide a point wise categorical reply along with the relevant additional information after accessing 3 the same from the actual custodian. The said reply and information should be provided by the CPIO free of cost to the Appellant within 15 days from the date of receipt of this order under due intimation to the Commission.
Lastly, the CPIO is to ensure in future that their representative while appearing before the Commission should be well versed with the facts of the case.
The appeal is disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 4