Central Information Commission
Pawan Tiwari vs Department Of Posts on 15 June, 2020
CIC/POSTS/C/2018/164029
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
िशकायत सं या / Complaint No. CIC/POSTS/C/2018/164029
In the matter of:
Pawan Tiwari ...िशकायतकता/Complainant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
Department Of Posts,
O/o the Sr. Supdt. of post offices,
Meerut Division,
Meerut
Relevant dates emerging from the complaint:
RTI : 04.09.2018 FA : Not on record Complaint : 24.10.2018
CPIO : 03.10.2018 FAO : Not on record Hearing : 10.06.2020
The following were present:
Complainant: Heard over the phone
Page 1 of 5
CIC/POSTS/C/2018/164029
Respondent: Shri C S Rawat, ASPO, Department Of Posts, O/o the Sr. Supdt. of
post offices, Meerut Division, Meerut, heard over the phone
ORDER
Information Sought:
The complainant filed an RTI application on 04.09.2018 seeking information on six points pertaining two letters dated 08.11.2016 and 31.12.2016, including, inter alia;
1. How much amount of old currency has been exchanged for new one in Aggarwal Mandi Tatiri and Baaghpat Post office, Indian Post Department from 08.11.2016 to 31.12.2016? Provide certified copies of the same,
2. How many people have exchanged old currency for new one in Aggarwal Mandi Tatiri and Baaghpat Post office, Indian Post Department from 08.11.2016 to 31.12.2016? Provide certified copies of the same,
3. How much amount of new currency has been distributed on daily basis in Aggarwal Mandi Tatiri and Baaghpat Post office, Indian Post Department from 08.11.2016 to 31.12.2016? Provide certified copies of the same, etc. The CPIO, vide letter dated 03.10.2018, provided point wise information to the complainant. Being dissatisfied, the complainant filed a complaint to the Commission.
Grounds for Complaint:
The complainant filed a complaint u/s 18 of the RTI Act on the ground of incomplete information furnished by respondent. He requested the Commission to Page 2 of 5 CIC/POSTS/C/2018/164029 take appropriate legal action against the CPIO for malafidely withholding the information.
Submissions made by Complainant and Respondent during Hearing:
The complainant submitted that vide point nos. 1 and 2 of his RTI application, he has sought information for a particular period ranging from 08.11.2016 to 31.12.2016. However, the respondent, vide reply dated 03.10.2018, provided information for the period from 11.11.2016 to 24.11.2016. He further submitted that certified copies of relevant documents were sought by him on all the points of his RTI application. However, the respondent failed to provide him with the requisite certified copies. He requested the Commission to take appropriate legal action against the CPIO for malafidely providing false information on point nos. 1 and 2 and for withholding the relevant documents.
The respondent submitted that since the information from 08.11.2016 - 11.11.2016 and 24.11.2016 - 31.12.2016 was Nil, the said period was not mentioned in the reply furnished to the complainant. He further submitted that since the documents, as sought by the complainant, regarding the number of people who exchanged old currency for new one, amount of new currency that was distributed on daily basis, etc. were not available in their office in material form, the certified copies of the same could not be provided to the complainant. In response to a query, he submitted that the amount of old currency that has been exchanged for new one, as sought vide point no. 1, has been maintained in their cash register. He submitted that due to oversight, inadvertently a certified copy of the said register was not provided to the complainant. The respondent tendered his unconditional apology for this lapse and requested the Commission to condone the same.
Page 3 of 5CIC/POSTS/C/2018/164029 Decision:
The Commission, after hearing the submissions of both the parties and perusing the records, directs the respondent to file an affidavit with the Commission deposing that the information sought vide point nos. 1 and 2 of the RTI application dated 04.09.2018 was 'Nil' for the period ranging from 08.11.2016 - 11.11.2016 and 24.11.2016 - 31.12.2016. Hence, the said period was not mentioned in the reply dated 03.10.2018, as furnished to the complainant. A copy of the affidavit shall also be provided to the appellant. The above directions of the Commission shall be complied with within a period of 15 days from the date of receipt of a copy of this order.
The Commission, further, notes that relevant documents, as sought vide point no. 1, have not been furnished to the appellant by the respondent. The Commission, therefore, directs the Registry of this Bench to issue a Show Cause Notice to the then CPIO, Department Of Posts, O/o the Sr. Supdt. of post offices, Meerut Division, Meerut for explaining as to why action under Section 20(1) of the RTI Act should not be initiated against him for withholding the information. With the above observations, the complaint is disposed of. Copy of the decision be provided free of cost to the parties.
The complaint, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date:10.06.2020 Page 4 of 5 CIC/POSTS/C/2018/164029 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Addresses of the parties:
1. The First Appellate Authority (FAA), The Director of Postal Services, Department of Posts, O/o the Postmaster General, Meerut Division, Meerut-250001
2. The Central Public Information Officer (CPIO) Department Of Posts, O/o the Sr. Supdt. of post offices, Meerut Division, Meerut- 250001
3. Shri Pawan Tiwari Page 5 of 5