Central Information Commission
Mr.Amar Lal Arora vs Ministry Of Communications And ... on 19 August, 2010
Central Information Commission
Room No.296, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama
Place, New Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Appeal: No. CIC/DS/A/2010/000030
CIC/DS/A/2010/000033
CIC/DS/A/2010/000098
Appellant /Complainant : Shri Amar Lal Arora,
New Delhi
Public Authority : Department of Posts,
New Delhi
(Shri
A.S.Dahiya,Sr.Postmaster, CPIO,
Sh.R.K. Meena,
Asst.Director, AA )
Date of Hearing : 19 /08/2010
Date of Decision : 19 /08/2010
CIC/DS/A/2010/000030
Facts:
1. Vide his RTI application dated 4.8.2009 Shri Amar Lal Arora sought information from the CPIO, Office of Chief Postmaster General, Delhi Circle, Department of Posts as follows : "Kindly supply duly certified by you a copy of complaint filed by Shri Chaman Lal Chabra father of Shashi Bala as clearly mentioned in your letter No. B12/Shashi Bala/03 04 dated 20.11.2004, B12/Shashi Bala dated 19.11.2003 stated therein (copy annexed as RI), which has not been sent by you and vide letter No. F.3/39/2008 date4d 6.5.2008 sent by The Sr. Post Master, vide letter No. CR.11/RTI - 47/SMHO/0708 DATED 10.6.2009 and your letter No. PG/RIA/BOO33/2009 dated 20.6.2009"
2. The CPIO, Head Post Office vide his order dated 7.8.2009 forwarded the RTI application to the CPIO, Office of Senior Postmaster, Head Post Office, New Delhi. Vide his order dated 9.9.2009 the CPIOcumSr. Postmaster denied disclosure citing sub section (j) of Sec. 8(1) of the Act.
3. Not being satisfied, the appellant filed appeal dated 14.9.2009 before the FAA who did not adjudicate on the matter prompting the appellant to move the Commission in second appeal.
4. The matter was heard today. Both parties were present in person.
5. Respondent stated that they had erred in stating that the FIR had been lodged by Shri Chaman Lal Chhabra, father of Ms. Shashi Bala in their letter dated 20.11.2004. The fact was that this FIR had been lodged by Ms. Shashi Bala and not by her father.
Decision 6 Under the provisions of section 8(3) of the Act which states as under : "Sec.8(3) : Subject to the provisions of clauses (a),(c) and (i) of subsection(1), any information relating to any occurrence, event or matter which has taken place, occurred or happened twenty years before the date on which any request is made under section 6 shall be provided to any person making a request under that section.
Provided that where any question arises as to the date from which the said period of twenty years has to be computed, the decision of the Central Government shall be final, subject to the usual appeals provided for in this Act."
7. Accordingly, since the FIR No.202 was lodged on 15.5.1990 i.e., over 20 years ago, the Commission directs the respondents to provide a copy of the said FIR to the appellant within 2 weeks of receipt of the order.
Case No. CIC/DS/A/2010/000033
8. RTI request dated 9.7.2009 preferred by Shri Amar Lal Arora to the Senior Postmaster, Post Office, Parliament Street, New Delhi, this case is also disposed of by the decision of the Commission taken in case No. CIC/DS/A/2010/000030 above.
Case No. CIC/DS/A/2010/000098
9. The appellant Shri Amar Lal Arora vide his RTI application dated 25.7.2009 sought information from CPIO, Sr. Postmaster, Post Office, Parliament Street, New Delhi as follows : "1. Kindly supply duly certified by you a copy of FIR No.202/90 U/S 498A/406 IPC at P.S. Saraswati Vihar on 15.5.90 lodged by Shri Chaman Lal Chabra father of Shashi Bala as clearly mentioned in your letter No. B 12/Shashi Bala/0304 dated 20.11.2004 (copy annexed as R I) which has not been sent by you with your aforesaid letter under reference.
2. Kindly supply the copy of attendance record from public record duly certified by you of Ms. Shashi Bala for the month of July,2009."
10. The CPIO vide his order dated 29.8.2009 denied disclosure citing sub section (j) of Sec.8(1) of the Act. He also clarified that there was no FIR lodged by Shri Chaman Lal Chabra in their records, however, FIR No. 202 dated 15.5.1990 lodged by Ms. Shashi Bala was available with them. However, he denied disclosure of information citing subsection(j) of Sec.8(1) of the Act.
11. Not being satisfied, the appellant preferred appeal dated 31.8.2009 before FAA who disposed of the matter vide his order dated 8.10.2009 vide which he upheld the decision of the CPIO.
12. Being aggrieved and not being satisfied, the appellant preferred appeal before the Commission.
13. The matter was heard today.
Decision
14. Information sought under para1 to be provided to the appellant by the respondent in terms of this Commissions order mentioned above (CIC/DS/A/2010/000030).
15. With regard to point2 of the RTI application, a copy of the attendance record of Ms. Shashi Bala for the month of July, 2009 is to be provided to the appellant since Ms. Shashi Bala is a public servant and this record can be disclosed.
16. Information to be provided to the appellant within 2 weeks of receipt of the orders.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Under Secretary & Dy. Registrar Copy to:
1. Shri Amar Lal Arora, C/o Shri P.S.Kem, Chamber No.A33, District Court, Near Gate No.3, Tis Hazari, Delhi10054
2. Shri A.S.Dahiya, Sr. Postmaster, Department of Posts O/o the Senior Postmaster Sansad Marg, Head Post Office, New Delhi110054
3. Shri R.K. Meena Addl. Director, Department of Posts O/o the Senior Postmaster Sansad Marg, Head Post Office, New Delhi-110054