Central Information Commission
K. P. Suresh Kumar vs Department Of Posts on 12 December, 2023
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/POSTS/A/2022/155816
K. P. Suresh Kumar ... अपीलकता/Appellant
VERSUS
बनाम
CPIO:
Department of Posts,
Pathanamthitta Division ... ितवादीगण/Respondents
Relevant dates emerging from the appeal:
RTI : 16.08.2022 FA : 26.09.2022 SA : 29.11.2022
CPIO : 21.09.2022 FAO : 31.10.2022 Hearing : 07.12.2023
Date of Decision: 11.12.2023
CORAM:
Hon'ble Commissioner
SMT. ANANDI RAMALINGAM
ORDER
1. The Appellant filed an RTI application dated 16.08.2022 seeking information on the following points:
(i) A copy of the Final Divisional Level Investigation Report sent by the Supdt. of POs, Pathanamthitta Division to the Circle Office in the fraud committed by the late Ambily G Nair, MPKBY Agent at Kulanada PO.
(ii) A copy of the Preliminary Divisional Level Investigation Report sent by the Divisional officeto the Circle Office in the above case.Page 1 of 3
(iii) A copy of the Preliminary Enquiry Report submitted by the Divisional Level InvestigationSquad submitted to the Supdt. of POs, Pathanamthitta Division in this connection.
2. The CPIO replied vide letter dated 21.09.2022 and the same is reproduced as under:-
• Disciplinary proceedings and Police case are not completed in this case.
Disclosure of Information sought for would impede the process of investigation or apprehension or prosecution of offenders. Hence the information sought for is denied under section 8(1) (h) of RTI Act-2005.
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 26.09.2022 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 31.10.2022 upheld the reply given by the CPIO.
4. The appellant Mr. K. P. Suresh Kumar and on behalf of the respondent Mr. Sriraj S, Superintendent, CPIO, attended the hearing through video conference.
5. The appellant reiterated the contents of the RTI Application stated that he had sought information regarding a RD fraud case committed by RD agent at Kulanada, PO. He submitted that Circle level investigation report and Divisional Level Investigation Report have not been furnished by the Respondent. He requested the Commission to direct the public authority to furnish the information, as sought.
6. The respondent while defending their case inter alia submitted that disciplinary proceeding has not been completed yet and cases filed by the offenders against the department are still pending before Hon'ble High court of Ernakulam and CAT of Ernakulam and disclosure of information sought for would impede the process of investigation. Hence the information sought for is denied under section 8 1(h) of RTI Act-2005.
Page 2 of 37. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observed that the disciplinary proceeding is still pending before the competent authority and disclosure of information sought for would impede the process of investigation at this stage. Hence, the reply provided by the respondent is proper and as per the provision of the RTI Act, 2005. However, as and when investigation is completed, the respondent is directed to provide the information to the Appellant. With these observations and directions, the appeal is disposed of.
Copy of the decision be provided free of cost to the parties.
Sd/-
आनंदी राम लंगम)
(Anandi Ramalingam) (आनं म
सूचना आयु )
Information Commissioner (सू
दनांक/Date: 11.12.2023
Authenticated true copy
Suman Bala (सुमन बाला)
Dy. Registrar (उप पंजीयक)
011-26180514(०११-२६१८०५१८)
Addresses of the parties:
1. The CPIO
O/o. The Superintendent of Post Offices,
Nodal CPIO, RTI Cell,
Department Of Posts,
Pathanamthitta Division, Pathanamthitta - 689645
2. K. P. Suresh Kumar Page 3 of 3