Central Information Commission
Mrmallikarjun vs Ministry Of Communications & ... on 2 November, 2015
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/BS/A/2014/002663/8931
02 November 2015
Relevant Facts emerging from the Appeal:
Appellant : Mr. Mallikarjun
S/o Shri Nagashetty Panasale
R/o - Janawada, TQ - Bidar,
Dist - Bidar - 585402
Respondent : CPIO / Superintendent of Post Offices
Department of Post,
O/o the Superintendent of Post Offices
Bidar Postal Division,
Bidar - 585401
CPIO
Department of Post,
O/o the Chief PMG,
Karnataka Circle,
Bangalore - 560001
RTI application filed on : 03/06/2014
PIO replied on : 11/06/2014
First appeal filed on : 06/08/2014
First Appellate Authority order : 27/08/2014
Second Appeal received on : 17/11/2014
Information sought:
1. Supply of Key of Postman Examination 2010 to 2013.
2. BPM Appointment of Nidoda and Yeranali BPM Bhosaga & Hedagapur BO EDMC/EDDA Cadre and Janwada BPM, Bidar Gandhigunj SO A/w Bidar HO GDSMDI, MDI Halbarga SO A/w Bidar HO GDSPKR Bidar Gurunanak Jhira So A/w Bidar HO. GDSMD Cadre. Give the all above appointment case tabular information.
3. Answer paper of Postman Examination who has attended the examination. Supply of answer sheet.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Mallikarjun through VC Respondent: Mr. S S Khindemath CPIO Bidar & Mr. Lakashmi Narayana Rao CPIO's Representative Bangalore through VC.Page 1 of 2
The appellant stated that he has not received the key and copy of answer sheets of postman examinations held during 2010-2013. The CPIO's representative, Bangalore stated that the appellant was requested to pay a fee of Rs.34/- for supply of photocopy of key but no fee has been deposited by him. He further stated that the appellant was not a candidate in the examination and answer sheets of other candidates cannot be supplied being exempted under Section 8(1)(j) of the RTI Act. The appellant pointed out that the fee was demanded after the mandatory period of 30 days and he is entitled to the information free of cost.
Decision notice:
Section 7(6) of the RTI Act reads as under 'Notwithstanding anything contained in sub-section (5), the person making request for the information shall be provided the information free of charge where a public authority fails to comply with the time limits specified in sub-section (1)'.
The CPIO O/o CPMG Bangalore is directed to supply photocopy of the key to the appellant, free of cost, within 15 days from the date of receipt of this order. Copies of answer sheets of other candidates cannot be disclosed being personal information relating to third parties.
The appeal is disposed of accordingly.
BASANT SETH Information Commissioner Authenticated true copy:
(R. L. Gupta) Dy. Registrar/Designated Officer Page 2 of 2