Central Information Commission
Shri Vishnu Bappaji Sarwade vs Dept. Of Posts, Osmanabad on 24 August, 2009
Central Information Commission
CIC/AD/A/2009/000898
Dated August 24, 2009
Name of the Applicant : Shri Vishnu Bappaji Sarwade
Name of the Public Authority : Dept. of Posts, Osmanabad
Background
1. The Applicant filed an RTI application dt.25.11.08 with the CPIO, DoP, Osmanabad. He requested for the following information:
i) copy of report of A.S.P. Osmanabad Sub Division and action on the report.
ii) in whose custody the service book of Shri J.S.Gadhve was in the O/o SPOs Osmanabad.
iii) copy of inventory and report done in the presence of ASP (HQ)
iv) the custody of Service Book of Shri J.S.Gadhve, receipt from DA(P) Nagpur till the dispatch in the O/o SPOs Osmanabad.
v) main reason necessitated to Revision in his pension in 2007.
vi) eason for less grant of pension in 2003
vii) Who is responsible for less grant of pension? Whether any action against responsible official or any proposal.
viii) extract of provisions of rule under which the unwanted, unnecessary expenditure is called to run the Govt. machinery and to supply copy of ruling in support of SPOs reply.
The CPIO replied on 17.12.08 stating that information sought are in nature of questions, opinions, analysis, comparability, examination of issue and redressal of grievances which are outside the purview of the RTI Act. Hence the required information cannot be supplied. Not satisfied with the reply, the Applicant filed an appeal dt.6.1.09 with the Appellate Authority. The Appellate Authority replied on 9.2.09 stating that relevant information would be available in service book and the pension case file/s of the Applicant. A copy of relevant notings, relevant pages of file and a copy of relevant pages of service book would be relevant information also to be supplied on payment of further fees. On the directions of the Appellate Authority, the CPIO replied on 25.2.09 instead of the Appellate Authority, providing the Xerox copies of the relevant file/notings and Xerox copies of the relevant pages of the service book of Shri J.S.Gadhve. Not satisfied, the Applicant, vide his letter dt.16.3.09, sought information against points 1 to 3, 5 to 8 of his RTI Request. The CPIO vide his letter dt.3.4.09 provided point wise information while stating that due to decision in CAT cases in favour of the Applicant in respect of charge sheets under Rule 16, there was a necessity to revise the pension of the applicant. Being aggrieved with this decision, the Applicant filed a second appeal dt.13.4.09 before the CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for August 24, 2009.
3. Mr.B.C.Mali, SDI(P) Udgir representing CPIO & Appellate Authority represented the Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. The Respondent submitted that with regard to supply of copy of report of A.S.P. Osmanabad Sub Division and the action taken on it, the Appellant inspected relevant files on 25.2.09 and discussed various issues with the CPIO. The Appellant was also requested to give the date and subject of report sought in point (ii) which he has not given so far.
6. With regard to the custody of Service Book of Shri J.S.Gadhve, the Respondent stated that the Appellant had mentioned period of Service Book as 22.12.1999 to 10.3.01 in O/o SPOs Osmanabad in his RTI application. However, no such record is available regarding custody of service book as the preservation period of invoice on which acknowledgement is taken is only 3 years and since the information sought is already more than 10 years old. He also stated that the CPIO had already provided an affidavit on Rs.100 Non Judicial Stamp Paper to the Appellant stating that the information regarding custody of service book of Shri J.S.Gadahve from 1999 to 2001 is not available in the file.
7. After hearing the submission from the Respondents, the Commission holds that available information has been furnished to the Appellant and accordingly disposes of the appeal.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Asst. Registrar Cc:
1. Shri Vishnu Bappaji Sarwade Mauli, Postal Colony Osmanabad 413 501
2. Shri Z.B.Maskar The CPIO & Supdt. of Post Offices Department of Posts Osmanabad Division Osmanabad 413 501
3. Shri R.K.Jayabhaye The Appellate Authority & Director Postal Services Department of Posts Aurangabad Region Aurangabad 431 002
4. Officer in charge, NIC
5. Press E Group, CIC