Central Information Commission
A Mohideen Khan vs Department Of Posts on 12 March, 2018
CENTRAL INFORMATION COMMISSION
(Room No.313, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi-110067)
Before Prof. M. Sridhar Acharyulu (Madabhushi Sridhar), CIC
CIC/BS/A/2016/001200
A Mohideen Khan v. PIO, Department of Posts
Order Sheet: RTI filed on 28.12.2015, CPIO replied on 28.01.2016, FAO on 16.03.2016, Second
appeal filed on 18.04.2016, Hearing on 12.01.2018;
Proceedings on 13.06.2017: Show Cause to Shri ShyamSundar, Asst. Supdt of Posts and
Shri K. Sivanathan, Supdt.for misleading the Commission and not providing information to the
appellant within the time.
Proceedings on 12.01.2018: Appellant absent, Public Authority represented by Mr. Abhishek
Sharma, IP(PG); Show Cause issued.
Proceedings on 22.02.2018: Appellant present from NIC Naapattinam, Public Authority
represented by CPIO Mr. Alagarsamy from NIC Sivaganga;
Date of Decision - 12.03.2018: Penalty dropped and disposed of.
ORDER
FACTS:
1. Appellant filed RTI dated 28.12.2015 seeking information relating to the KVP and RD accounts at Sivagangai Superintendent Office of his sister and brother-in-law, as he was guardian of his niece after death of her parents. CPIO replied on 28.01.2016 saying that "the act does not provide for a right to seek comments, answers or interpretations to the queries raised by a citizen obviously because they would be subjective." The FAA on 16.03.2016 found the reply of the CPIO to be satisfactory and the appeal was disposed. The appellant has now approached the Commission to get the information sought.
2. The Commission's order dated 14.06.2017:
2. The appellant stated that no information was received. The officer representing the respondent authority stated that the information was not provided under Section 2(f) and 2(j) of RTI Act, 2005. Shri A. Alagarsamy's contention of denying the information by citing wrong provisions of the RTI Act, 2005 is incorrect and unacceptable.
3. Both the appellant and the officer disclosed the fact at the end of the arguments that the claim amount was settled on 08.02.2016, this kind of concealment of facts is nothing but misrepresenting and wasting the time of Commission. The Commission directs Shri ShyamSundar, Asst. Supdt of Posts and Shri K. Sivanathan, Supdt. of Posts to show-cause why maximum penalty CIC/BS/A/2016/001200 Page 1 should not be imposed against each one of them for misleading the Commission and not providing information to the appellant within the time and also explain why disciplinary proceedings should not be recommended against them before 12.07.2017.
3. The Commission's order dated 15.01.2018:
3. The appellant's sister's female orphan child lost both her parents and close relatives in Tsunami. She is claiming the amount deposited by her father in Postal Department. The appellant is the court guardian of the orpah child and has applied for duplicate passbook cum claim application on 22.06.2015. His claim application was sent to the Inspector of Posts for verification. Thereafter the claim application has not been settled till date and public authorities have not provided any response related to the current status of his application.
4. Mr. A. Alagarsamy denied the information sought by the appellant on 28.01.2016 stating that the information sought does not fall under the purview of section 2 (f) of RTI Act. The response of the CPIO is found to be unreasonable.
The Commission directs Mr. A. Alagarsamy, CPIO as on date of filing RTI, to show-cause why maximum penalty should not be imposed upon him for not furnishing the information.
5. Mr. Abhishek, representing the respondent authority stated that the claim of the appellant was settled on 08.08.2016. It is a clear case of deemed refusal as no information wasgiven to the appellant within 30 days from date of receipt of RTI application. Mr. K. Sivanathan, Suptd. of Posts explained that the reply was given by the CPIO, Sivaganga during video conferencing. Since Mr. Shyam Sunder, Asst. Suptd. of Posts was not authorised to act upon the RTI application and was the holder the information sought by the appellant, Mr. K. Sivanathan is answerable for the delay in furnishing of information and settlement of claim which carried crucial importance for an orphan female daughter who required financial support. The action of Mr. K. Sivanathan has not been proved to be prompt and timely in this case. His explanation does not reflect any reason for ht non-response towards RTI application. Hence, the Commission finds this a fit case to impose penalty on Mr. K.Sivanathan, Suptd. of Posts, Sivaganga Division, considering him as deemed PIO.
6. The Commission finds Mr. K. Sivanathanliable under section 20 of RTI Act and imposes maximum penalty on Mr. K. Sivanathan, who is directed to pay a sum of Rs. 25,000/- in 5 equal monthly instalments. The Appellate Authority of respondent Public Authority is directed to recover the amount of Rs.25,000/- from the salary payable toMr. K. Sivanathan, by way of Demand Draft drawn in favour of 'PAO CAT' New Delhi in 5 equal monthly instalments. The first instalment should reach the Commission by 15.03.2018 and the last instalment should reach by 15.07.2018. The Demand Draft should be sent to Shri S.P. Beck, Joint Secretary & Addl. Registrar, Room No. 505, Central Information Commission, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi-110067.
7. The response of Mr. A. Alagarsamy, CPIO must reach the Commission before 17.02.2018 and matter is posted for penalty proceedings on17.02.2018.
Decision :
4. Mr. A. Alagarsamy, CPIO in his written submission dated 09.02.2018, explained to the Commission as under:
CIC/BS/A/2016/001200 Page 2 "The appellant Sri A. Mohideen Khan, vide his RTI application dated 28.12.2015 had requested to inform the current status of his claim application, stating the following:
"I had applied for duplicate passbooks cum duplicate KVP bonds claim application. The SPOs, Sivaganga had replied that the KVP application was sent for surety salary verification. The SPOs, Mayiladurai and SPOs, Nagapattinam had replied that the verification report sent to SPOs, Sivaganga on 24.11.2015".
It is submitted that the claimant, alongwith his claim applicant for duplicate KVP, had submitted a copy of order pronounced by the District Court, Nagapattinam wherein he was appointed as Guardian for the minor SafiaBegam vide G.W.O.P No 41/2009 dated 22.01.2010. In the said order, Court has directed the claimant to received the interest amount from the FD on behalf of minor directly from the State Bank of India once in three months and utilize the same for the welgate and education purpose of the minor. The petitioner is directed to produce the accounts for the amount received and spent once in a year before this court on every March". There is no mention about payment of the benefits from postal saving accounts and KVP in the said court order.
Hence a clarification has been sought for from Regional Office vide my office letter no. SB/1-2/97/BOI/dlgs dated 04.01.2016 to clarify whether sanction for duplicate certificates can be issued to the said appellant as there is no specific mention in the court order regarding the KVPs in the name of the minor. As this is a rare case of an orphan child's claim, Department has taken much care to verify the genuineness of the claim and the veracity of the claimant. Pending receipt of clarification from Regional Office, I was not able to disclose any information about the claim even about the current status of the claim application. This the required information was unable to be supplied. Hence I have given reply to applicant that the required information could not be given according sections 2(f) and 2(j). I humbly submit, Sir, apart from the above, I didn't have any intention to deny the information.
Further I submit, Sir, the RTI applicant had not produced the original KVP certificates and the original RD pass books. He had produced only an application for duplicate KVP and RD Passbooks. Since the accounts were opened during 2003-2004 and the legal guardian / parents of the minor SafiyaBegam have also expired and the court order appointing Shri. Mohideen Khan did not specify the savings accounts in Posts Office, the case could not be settled early.
Moreover, this RTI applicant has also filed one Writ Petition no. WP(MD) No.20747 of 2015 before the Hon'ble High Court of Madurai Bench of Madras High Court wherein court has ordered for making payment to the entitled person after conducting a thorough inquiry. Further the Hon'ble Court has ordered that it is also open to the first respondent (Department) to consider the genuineness of the claim of the guardian of the minor so as to pass appropriate orders in the interest of minor in getting the fruits of the order. Hence after thorough verification, the claims were settled on 17.06.2016 and 08.08.2016 on getting clarification / approval from Regional Office, Madurai.
CIC/BS/A/2016/001200 Page 3 I humbly submit the chronology of the action taken on the applications received from Shri. Mohideen Khan, the claimant upto settlement of claims as follows:
(i) For issue of KVP Duplicate certificate:-
Sl. Date Action taken
No
1 25.06.15 Applications of Shri A.Mohideen Khan for KVP Duplicate
certificates were received from Sivaganga H.O. 2 29.06.15 The said applications were sent to IP, Sivaganga Sub Division for verification 3 25.07.15 Verified report received from IP, Sivaganga Sub Division 4 25.07.15 Applications were sent to SPOs, Nagapattinam along with Pay Certificate, Indemnity Certificate for verification of Death certificate vide my office letter no SB/1-2/97/BOI/Dlgs dated 25.07.15 5 25.07.15 Applications were sent to SPOs, Mayiladuthurai Division along with Pay Certificate, Indemnity Certificate for verification of surety certificates vide my office letter no SB/1-2/97/BOI/Dlgs dated 25.07.15 6 28.09.15 The enclosures sent to SPOs, Mayiladuthurai were received vide lts. No. L/Dup Cer/Dlgs dated 23.09.2015 7 15.10.15 The certificates received from Mayiladuthurai were returned to Mayiladuthurai for supply of omission of attestation of ASP, Mayiladuthurai for having verified the Pay Certificates an indemnity bonds.
8 30.10.15 The enclosures were received back from Mayiladuthurai Division vide their ltr no L/Dup Cer/Dlgs dated 30.10.15 9 03.11.15 Pay certificate of Shri S.Subramniyan was sent to SPOs Nagapattinam for verification vide lt no SB/1-2/BOI/Dlgs dated 03.11.15 10 05.11.15 Pay certificate of Shri S.Subramaniyan was sent to SPO, Mayiladuthurai by SPOs, Nagapattinam vide ltr no L1/SB- DC/Dlgs dated 05.11.15 with copy endorsed to SP, Sivaganga 11 24.11.15 These applications were received back from Nagapattinam vide LI/CC-Dup/Dlgs 12 04.01.16 Clarification sought from Regional Office, Madurai regarding issue of Duplicate KVP bonds vide ltr no Sb/1-2/97/BOI/dlgs dated 04.01.16.
The details of certificates which were noted in the application for issue of duplicate KVP certificates by the RTI applicant are furnished below.
Certificate No. Registration Denomination Date of
no of the Rs. purchase
certificate
20 CD 181554 7456 10000 30.08.2003
20 CD 181555 7456 10000 30.08.2003
20 CD 181556 7456 10000 30.08.2003
20 BB 779406 7456 5000 30.08.2003
20 CD 181557 7457 10000 30.08.2003
86 BB 779407 7457 5000 30.08.2003
In this connection it is submitted that the parents of the minor purchaser deceased on 26.12.2004 (AS per death certificate). The applicant had submitted an application for issue of duplicate certificate along with one court order G.W.O.P No 41/2009 dated CIC/BS/A/2016/001200 Page 4 22.01.2010 of District Court Nagapattinam. The last para of the Court order is reproduced below.
"In the result, this petition is allowed and the petitioner is appointed as Guardian for the minor SafiaBegam aged 6 for person and property and the petitioner is permitted to receive the interest amount from the FD on behalf of minor directly from the bank once in three months and utilize the same for the welfare and education purpose of the minor. The petitioner is directed to produce the accounts for the amount received and spent once in a year before this court on every March"
In this connection Regional Office, Madurai was requested to clarify whether sanction for duplicate certificates can be issued to the said appellant as there is no specific order regarding the KVPs in the name of the minor.
As for as RD claim application is concerned the claim documents were sent to SPM, Sivaganga Courts SO for supply of omissions (RD Account number: 660711, 5400001). 13 16.03.16 Copy of purchase application of KVP was called for by Regional office, Madurai vide ltr no Sb/20-7/2009/MA dated 16.03.16 14 17.03.16 Copy of purchase application of KVP was called for from Sivagangai Head Post Office by the Superintendent of POs, Sivaganga Dn. vide ltr no SB/1-2/97/BOI/dlgs dated 17.03.16 15 19.03.16 Received the copy of purchase application dated 30.08.2003 from Sivagangai Head Post Office vide their ltr no H2/KVP/DLGS 16 21.03.16 Copy of application for KVP purchase submitted to Regional Office, Madurai vide ltr no Sb/1-2/97/BOI/Dlgs dated 21.03.16 17 05.05.16 Orders received for issue of Duplicate KVP application vide Regional Office, Madurai lre no SB/29-7/2009/MA dated 05.05.16 18 17.05.16 Orders for issue of duplicate KVP certificates were issued to Postmaster Sivaganga Head Post Office 19 30.05.16 Letter from Sivaganga Head Post Office to Mohideen Khan to attend office during working day for collecting duplicate KVP certificates after showing valid ID/Address proof vide their lr no h2/KVP/Dlgs dated 30.05.16 20 17.06.16 KVP claims were settled on 17.06.16
(ii) For issue of RD account no 5400001 of Sivaganga Courts SO in the name of Shafia Begum S no Date Action taken 1 25.07.15 Claim documents received by SPM, Sivaganga Courts from Shri Mohideen Khan through Speed no ET 980714440IN on 25.07.15 2 13.08.15 SPM, Sivaganga Courts have sought clarification in settling the RD claims vide lr no SVC/Misc/Dlgs dated 13.08.15 3 20.08.15 Ltr from SP, Sivaganga to SPM, Sivaganga Courts SO directing the SPM to trace out the ledger cards vide lr no J/RTI/dlgs dated 20.08.15 4 22.08.15 Ltr from SP, Sivaganga to SPM, Sivaganga Courts SO directing the SPM to trace out the ledger cards vide lr no J/RTI/dlgs dated 20.08.15 5 27.08.15 Ltr from SP, Sivaganga to Incharge SBCO, Sivaganga H.O to intimate the balance as the information was sought under RTI 6 12.10.15 Ltr from SPM, Sivaganga courts stating that RD ledger cards and RD journals of 2003 & 2004 are not traceable. 7 14.09.15 Claim documents returned to SPM, Sivaganga Courts S.O for supply of omissions vide ltd no J/RTI/Dlgs dated 14.09.15 CIC/BS/A/2016/001200 Page 5 8 05.10.15 Reminder issued to SPM, Sivaganga Courts for supply of omissions on 15.10.15 and asked to intimate the present status of the claim 9 8.10.15 Ltr from SPM, Sivaganga Courts S.O intimating that the balance has been found using bulk lists and sent to HO on 22.09.15. But returned for omission supply on 07.10.15 10 08.10.15 Ltr to SPM, Sivaganga Courts for intimating whether the balance is verified with RD journal and RD ledger 11 14.10.15 Submission of claim documents to Postmaster, Sivaganga H.O after supply of omission by SPM, Sivaganga H.O 12 09.11.15 Claim documents were returned to Postmaster, Sivaganga vide lr no L7/SB Claim/14-15/Dlgs the 09.11.15 13 20.05.16 Demi Official letter written by SPOs, Sivaganga to Shri K.Mookiah, Postmaster, Sivaganga H.O 14 23.11.15 SPM, Sivaganga Courts has written a ltd to Shri Mohideen Khan to rectify the omissions in the Claim documents vide lr no SVC/Claim dlgs dated 23.11.15 15 25.05.16 E-mail received from R.O regarding forwarding of complaint of Shri Mohideen Khan for delay in settlement of RD/KVP claims 16 26.05.16 Ltr from SP, Sivaganga to R.O stating that Shri Mohideen Khan has not resubmitted the documents after supply of omission for processing the claim vide lr no L7/RD Claim/dlgs dated 02.06.16 17 22.06.16 Ltr from Mohideen Khan resubmitting the claim documents after supply of omission 18 29.06.16 Ltr from Postmaster, Sivaganga H.O for submission of RD account Claim 5400001 and 660711 vide ltr no APM(SB)/Claim/dlgs 19 30.06.16 Submission of Claim documents in r/o 5400001 to Regional Office as Regional Office is competent to sanction the claim(Rs.60000) 20 28.07.16 Regional Office has directed SP, Sivaganga to close the RD account by the new guardian as normal closure as per Rule 12(4) of Post office Recurring Deposit Rules 1981 21 02.08.16 SP Sivagangadirected SPM, SivagangaCourts SO to close the RD account by the new guardian as normal closure as per Rule 12(4) of Post office Recurring Deposit Rules 1981 22 16.08.16 SPM, Sivaganga Courts SO ltr intimating that claim settled and payment made on 08.08.16 for 5400001 & 660711 23 19.08.16 Hon'ble Court order in WP no 20747 of 2015 filed on 29.07.16 by Minor M. Shafia Begum represented by Guardian Shri M.Mohideen Khan against DPS, SPOs and SPM, Sivaganga Courts SO directing the Postal Department to consider the claim received and after holding an enquiry as to the identity and entitlement of the petitioner, disburse the amounts with accrued interest as applicable to such deposits within a period of ten weeks from the date of receipt of a copy of the order; it is also open to the first respondent to consider the genuineness of the claim of the guardian of the minor so as to pass appropriate orders in the interest of minor in getting the fruits of the order.
24 29.08.16 WP order is submitted by Sivaganga to Regional office, on 29.08.16 25 29.08.16 Reply furnished to Registrar, Madurai Bench of Madras High Court, Madurai by SPOs, Sivaganga informing that the claims pertaining to RD & KVP were settled on 08.08.2016 & 17.06.2016 26 30.08.16 Direction from Regional Office to file compliance through CIC/BS/A/2016/001200 Page 6 counsel 27 6.09.16 Direction from SP, SivagangaDn to IP, Sivaganga Division to contact counsel in person to brief the case and compliance 28 12.09.16 Email from Regional office to file compliance through counsel and report compliance 29 12.09.16 SP, Sivaganga reminding IP, Sivaganga to file the reply in the court through counsel 30 15.09.16 IP, Sivaganga sub Division intimating that there is no provision to file compliance in reply to WP cases. He has stated that counsel has explained that if judgment of WP adhered and documents of payment kept on record that is sufficient.
(iii) For issue of RD Duplicate PB and claim for RD Account no 660711 of Sivaganga Courts S.O for Rs.30000/-
S no Date Action taken
1 16.10.15 Postmaster Sivaganga has submitted the claim applications to
SPOs, Sivaganga
2 09.11.15 Claim documents were returned to Postmaster, Sivaganga
vide lr no L7/SB Claim/14-15/Dlgs the 09.11.15 13.11.15 Claim documents were returned to Sub Postmaster, Sivaganga Court S.O for supply of omission 3 26.05.16 Demi Official letter written by SPOs, Sivaganga to Shri K.Mookiah, Postmaster, Sivaganga 4 30.5.16 Monday Petition to District Collector, Sivaganga by Shri Mohideen Khan to settle the RD and KVP claims 5 31.05.16 Reply to District collector that Shri Mohideen Khan was informed of the omissions in his claim vide RL no RT 552491497IN on 23.11.15 for supply of omissions and as the complainant has not supplied the omissions, the claim in respect of RD is unsettled. KVP claim is settled on 30.05.16 6 01.06.16 Ltr from Postmaster, Sivaganga Courts, to Mohideen Khan to supply omissions in claim applications 7 07.06.16 Complaint of Mohideen Khan addressed to AD FS Chennai, a copy forwarded to SP, Sivaganga 8 07.06.16 Ltr forwarded to SPM, Sivaganga Courts S.O directing to furnish detail report 9 08.06.16 Ltr from Mohideen Khan addressed to SPM, Sivaganga Courts, claimant regarding clarification on omission of Special Adhesive Stamps 10 15.06.16 Detailed report submitted by SPM, Sivaganga Courts that the omissions on the claim documents were intimated to the claimant on 23.11.15 through RL no RT663491497IN. But till 30.05.16 no reply from the claimant and only on 30.05.16 the claimant approached Sivaganga Courts to enquire the status of his claim application. The omissions were explained in detail on 01.06.16.
11 23.06.16 Complaint of Mohideen Khan addressed to AD FS Chennai, a copy forwarded to SP, Sivaganga from Regional office to settle the claim immediately 12 23.06.16 Ltr to Mohideen Khan to submit the claim application with enclosure after supply of omissions 13 24.06.16 Ltr from Sivaganga Division to Mohideen Khan to pay Rs.
3600/- in the form of Special Adhesive Stamps for settlement of claim 14 30.06.16 Claim documents submitted to Regional Office by SPOs, Sivaganga Division for sanction of RD Account as it exceeds CIC/BS/A/2016/001200 Page 7 their financial power 15 12.07.16 R.O email directing to submit the action taken report on officials at fault 16 19.07.16 R.O email to SPOs, Sivaganga directing to submit the claim documents for settlement 17 28.07.16 Sanction of claim for RD account no 660711 for Rs.30000/- + interest 18 03.08.16 Clarification letter from Shri A. Mohideen Khan for settlement of claims 19 08.08.16 Claim settled and payment made.
Hence I hereby sincerely submit, Sir, I have no intention to deny the information. I have provided the required information sought for by the same applicant in respect of 3 of his prior RTI applications. As the information sought for in this instant case was fraught with clarifications, reply was given to him on 28.01.16 accordingly. The main aspect in this case was to safeguard the interest of the orphan child which should not go into the wrong hands.
I sincerely regret and apologies before the Hon'ble Commission for the reply so given at the earlier stage in view of the specific nature of this case. I seek pardon and humbly request the Hon'ble Commission to consider my submissions and I request to drop the proposed penalty proceedings and oblige".
5. The Commission upon perusal of records finds that sufficient information is provided and there is no reason to interfere in this matter. The explanation provided by the CPIO is reasonable and satisfactory, hence, penalty proceedings are dropped. Disposed of.
SD/-
(M.Sridhar Acharyulu)
Central Information Commissioner
CIC/BS/A/2016/001200 Page 8