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Central Information Commission

Mr.Satish Chander Bhardwaj vs Department Of Posts, Lucknow on 28 January, 2009

             Central Information Commission
                                                      CIC/AD/A/X/09/00038/AD

                                                          Dated January 28, 2009

Name of the Appellant                     :   Mr.Satish Chander Bhardwaj

Name of the Public Authority              :   Department of Posts, Lucknow

Background

1. The Appellant filed an RTI request dt.20.2.08 with the CPIO, Dept. of Posts, Lucknow. He stated that he had made a complaint dt.17.6.06 about undelivered speed posts and postman's remarks and he did not receive any reply till date. In view of the above, the Appellant wants to have the detailed information, what action was taken against the Postman Mr.Sadanand Mishra along with certified documents in relation to his complaint. The CPIO replied on 15.3.08. Not satisfied with the reply, the Appellant filed an appeal dt.5.6.08 with the Appellate Authority. The AD(LC/PG) transferred the appeal to the Chief Post Master, Lucknow GPO on 20.6.08. The Appellant filed a second appeal dt.1.10.08 before the CIC.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing on January 28, 2009.

3. Mr. Bhola Sah, ASP, Lucknow and Mr. G.C. Yadav, ASP(East), Lucknow represented the Public Authority.

4. The Appellant was not present during the hearing.

Decision

5. The Respondents submitted that three articles were sent by Speed Post on 17.2.99, 22.1.99 and 19.12.99 from the Lucknow GPO and that these articles were not delivered to the Appellant and that they were returned to the sender with a remark that the Appellant is no longer working at NIC, Ashok Marg, Lucknow. They also stated that Mr. Sadanand Mishra was distributing ordinary and registry letters on the day that the articles were supposed to be delivered and that the postman who was delivering the Speed Post articles was one Mr. Narendra Kumar and that the remark that the Appellant was no longer working at the NIC in Lucknow was written by Mr. Narendra Kumar and not by Mr. Mishra. Both Mr. Mishra and Mr. Narendra have given signed statements to this effect. Since Mr. Narendra Kumar has written in his remarks that the Appellant was not working at NIC, according to the Appellants there was no question of taking any action against either Mr. Mishra or Mr. Narendra Kumar. They also stated that according to the Preservation of records - Speed Post and EPP rules all speed post delivery lists are weeded out every six months. Hence, no information regarding the articles sent to the Appellant in 1999 is now available. The Commission directs the CPIO to provide this information to the Appellant along with a copy of the Preservation of Records rules , within 15 days of receipt of this Order.

6. The appeal is accordingly disposed off.

(Annapurna Dixit) Information Commissioner Authenticated true copy:

(K.G.Nair) Designated Officer Cc:
1. Mr.Satish Chander Bhardwaj A/3 Type IV Govt. Flats Tokarkhada B/H Court Silvassa 396 230 D & N.H
2. The CPIO & The Chief Post Master Department of Post G.P.O Lucknow
3. The Appellate Authority & The Chief Post Master General Department of Post O/o Chief Post Master General U.P Circle Lucknow 226 001
4. Officer in charge, NIC
5. Press E Group, CIC