Central Information Commission
Edison Isaac T vs Department Of Posts on 26 April, 2022
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/POSTS/A/2021/121678
Edison Isaac T. ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Department of Posts, O/o the
Senior Postmaster Trivandrum GPO,
Trivandrum, Thiruvananthapuram - 695001,
Kerala. .... ितवादीगण /Respondent
Date of Hearing : 25/04/2022
Date of Decision : 25/04/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 18/01/2021
CPIO replied on : 28/01/2021
First appeal filed on : 04/02/2021
First Appellate Authority order : 17/03/2021
2nd Appeal/Complaint dated : 31/05/2021
Information sought:
The Appellant filed an RTI application dated 18.01.2021 seeking the following information:
1. Certified copy of all the entries in the Order Book of Thiruvananthapuram GPO for the period 2008 to 2010 including special order book if any.1
The CPIO replied to the appellant on 28.01.2021 stating as follows:-
"Copy of Order Book of Thiruvananthapuram GPO for the period 2008 to 2010 including special order book if any is not readily traceable."
Being dissatisfied, the appellant filed a First Appeal dated 04.02.2021. FAA's order dated 17.03.2021 held as under -
' Period of preservation of "Postmaster's Order Book" as per Postal Manual is 3 years.(i.e,book containing temporary arrangement of duties made in cases of leave/absent places to entries are being made on daily basis with the signature of Sr.PM) . As such the reply furnished by the Sr.PM "not readily traceable "is found to be true and the reply furnished by the CPIO is in order'.
Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Represented by Advocate N. Rajan through video-conference. Respondent: N. Janakiraman, Sr. SPO & CPIO present through video-conference.
The Advocate of the Appellant expressed his dissatisfaction to the fact that no material information has been furnished by the CPIO till date.
The CPIO invited attention of the bench towards his written submission dated 19.04.2022 which is reproduced as under -
"....(5) It is submitted that there are two types of Order Books maintained at Head Post Offices. One Such Order Book is "Postmaster's Order Book" which is maintained as per Rule 50 of Postal Manual Volume VI part I (submitted as Annexure I), in which entries are made by the Postmaster or any other group officer in respect of the department in their charge. This 'Postmasters Order Book"
contains the entries of :-
(a) xxxxxxxxxxxxxxxxxxxxx (6) In the original application as well as in the First Appeal the applicant has specifically requested for supply of certified copy of all the entries in the Order Book of Trivandrum GPO. It was reasonably presumed by the then CPIO that 2 applicant is requesting information from "Postmaster's Order book" to be maintained under Rule 50 of Postal Manual Vol VI Part I which is detailed above.
My predecessor CPIO has replied that the relevant documents was not traceable etc in response to the RTI application. It was further submitted before the first Appellate Authority that the "Order Book" is a book containing the temporary arrangement of duties made in the case of leave/absent places. Entries are being made on daily basis with the signature of Senior Postmaster. The applicant is asking the certified copies of Order Books relating to the period 2008 to 2010. Maximum efforts was taken for tracing out the Order Books pertaining to that period but they could not be traceable.
The details of temporary arrangement made in counters/other branches of GPO 12 years back are not available etc. Copy of the comments furnished by the then CPIO in letter dated 19/02/2021 on the above lines is submitted as Annexure II. This document has a preservation period of 3 years only as laid down in Rule 25 of Vol VI Part I. Extract of Rule 25 is submitted . ( Annexure III). Serial No 19 specifically states that "Postmasters Order Book" is having a preservation period of 3 years.
(7) It is humbly submitted that undersigned CPIO has assumed duty as Senior Postmaster, Thiruvananthapuram GPO on 09/08/2021. Since receipt of notice for hearing from the Honb'le CIC on 09/04/2022, a fresh search has been made by the undersigned CPIO till the filing of this reply version. But, "Postmaster's Order Book"
for the period 2008-2010 maintained at the Administration Branch could not be traced. It is further submitted that Thiruvananthapuram GPO is functioning in four floor and administration branch which was functioning in the ground floor has been shifted to second floor consequent on large re-organization made in 2018- 2019. At the same time, "India Posts Payment Bank" was set up in the ground floor, Centralized Processing Centre (Postal Life Insurance) was set up in the 2"
floor. National sorting Hub (Speed Post) functioning in the second floor was shifted to adjacent RMS office etc. Due to this vast reorganization of branches, shifting of records had taken place and therefore the availability/non availability of old records of the long past period could not be ascertained. With an intention to help the appellant further attempt is being made and once the record is located, the undersigned CPIO is ready to provide the information.
(8) In the Second appeal the Appellant states that "Post Office Order Book" is a permanent record as stated in P & T Manual Vol VIII.
(9) In the second Appeal under Para 1 (bulletin No 3) the appellant states that he had asked for the Post Office (Thiruvananthapuram GPO) Order Book which is a permanent record. Whereas in the original RTI application, the Appellant has 3 merely requested for all the entries in the Order Book of Thiruvananthapuram GPO for the period 2008-2010 without mentioning whether it is a permanent record.
(10) The Second type of Order Book to be maintained in Head Post Office as per Postal Manual Vol VIII is in a different context than the Postmaster's Order Book mentioned in Para 5 above. The Rule 203 Postal Manual Volume VIII (submitted as annexure IV) prescribes that Order Book to be maintained at their office in form MS 8 in which results to inspection of his office will be recorded by him or by other inspecting officers. As per rule 235 (submitted as annexure V) of Postal Manual Vol VII, I Order Book is maintained in an office where Superintendent should record the result of verification of balances of an office and his remarks as the result of inspection or verification etc. The order book referred to, in both the Rules (Rule 203 and Rule 235) as mentioned above is one and the same. This is a Permanent Document and available with the CPIO. The Appellant is permitted to examine and take extract if any for the period 2008-2010. Relevant information is available in 144 pages pasted in the Order Book and CPIO ready to supply the same free of cost.
(11) Postmasters Orders Book in which entries are made by the Senior Postmaster from time to time as per rule 50 of Postal Manual Vol VI part I is not available. As such the information already submitted by then CPIO to the Applicant as well as in the First Appeal are true.
(12) It is presumed that the CPIO who replied the original RTI request has not willfully suppressed or refused to divulge any information. The type of Order Book mentioned in the RTI request does not specify clearly with the result that the intention of the Applicant could not be ascertained. As stated in Para 10 above, the Undersigned CPIO is ready to supply the available information in Post Office Order Book. The undersigned CPIO is willing to provide any clarificatory information if the Appellant makes a separate application.
The Advocate of the Appellant interjected to state that the Appellant has sought for order book of the Post Office itself and not the one of the Post Master regarding which the then CPIO has provided the reply.
Decision:
The Commission upon a perusal of records and after considering the averred submission of the CPIO hereby directs him firstly to provide a copy of his written submission dated 19.04.2022 along with relevant extracts of the Order Book of 4 Head Post Office of the Respondent which will suffices the information sought by the Appellant in the instant RTI Application free of cost to the Appellant upto 50 pages and thereafter upon receipt of RTI fees as per RTI Rules, 2012.
The above said direction should be complied by the CPIO within 15 days from the date of receipt of this order under due intimation to the Commission.
The appeal is disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 5