Central Information Commission
Safiul Alam vs Department Of Posts on 14 March, 2023
Author: Heeralal Samariya
Bench: Heeralal Samariya
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग ,मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
नितीय अपील संख्या/Second Appeal No.: CIC/POSTS/A/2022/159048
Safiul Alam .....अपीलकताग /Appellant
VERSUS/बनाम
Public Information Officer Under RTI,
Superintendent of Post Offices,
Department of Posts-India, Birbhum Division,
Suri, Birbhum-731101 (West Bengal).
...प्रनतवािीगण/Respondents
Relevant facts emerging from appeal:
RTI application filed on : 08.09.2022
CPIO replied on : 11.10.2022
First appeal filed on : 19.10.2022
First Appellate Authority order : 07.12.2022
Second Appeal received at CIC : 26.12.2022
Date of Hearing : 14.03.2023
Date of Decision : 14.03.2023
सूचना आयुक्त : श्री हीरालाल सामररया
Information Commissioner: Shri Heeralal Samariya
Information sought:
The Appellant sought following information:Page 1 of 7
• PIO furnished reply, vide letter dated 11.10.2022, as under:
• PIO, RMS-H Division furnished reply vide letter dated 29.09.2022 as under :
• CPIO, RMS-G Division furnished reply vide letter dated 28.09.2022 as under :
• Dissatisfied with the response received from PIO, Appellant filed First Appeal, vide letter dated 19.10.2022.
• CPIO, Kolkata Airport Sorting Division vide letter dated 30.09.2022 furnished reply as under :Page 2 of 7
• CPIO, Burdwan Division furnished reply vide letter dated 30.09.2022 as under:
• CPIO vide letter dated 11.10.2022 furnished reply as under :
• CPIO vide letter dated 29.09.2022 furnished reply as under :Page 3 of 7
• CPIO, Alipore HPO furnished reply dated 11.10.2022 as under :
• CPIO Contai Division furnished reply vide letter dated 06.10.2022 as under:Page 4 of 7
• CPIO, Darjeeling division furnished reply vide letter dated as under :Page 5 of 7
• FAA vide order dated 07.12.2022 held as under :
• In compliance of FAA's order dated 07.12.2022, the CPIO, Birbhum Division furnished reply vide letter dated 29.12.2022, as under :
Grounds for Second Appeal:
The PIO has not provided correct information to the Appellant.
Relevant Facts emerging during Hearing:
The following were present: -
Appellant: Present Respondent: Mr. Shubrato Datta, Superintendent Post Office, Birbhum Division.
The Appellant submitted that the information sought has not been furnished by the Respondent. He requested that the CPIO be directed to furnish the information as sought in his RTI Application.
The Respondent submitted that desired information has been furnished to the Appellant from their official record. Furthermore, the RTI Application of the Appellant was forwarded to different divisions and replies have been furnsihed to Page 6 of 7 the Appellant from different divisions. As regards the information sought at point No. 3 has not been furnished since criminal proceedings are in process and disclosure of such information would impede the investigation process.
Decision:
Keeping in view the facts of the case and the submissions made by both the parties, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent since only such information that is held and available with a public authority can be provided to the information seekers. No legal infirmity is found in the response furnished by the Respondent. Thus, the Commission is of the considered opinion that no further intervention of the Commission is warranted in this case.
The appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Information Commissioner (सूचना आयुक्त) Authenticated true copy.
(अनिप्रमानणतसत्यानपतप्रनत) Ram Parkash Grover (रामप्रकाशग्रोवर) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 7 of 7