2.11.09

THE APPLICANT SHOULD PRODUCE THE NEWSPAPER CUTTING WHICH SAYS THAT GDS ARE GOVERNMENT EMPLOYEES

Mr. Chander Bhan Singh Retd. EDMP, Village & Post – Khiriya, Dist. Mau, mau – 275101 filed his RTI application on 20.06.09 with the CPIO, Department of Posts, Lucknow. He wanted to know the applicability to him of what he read in a newspaper regarding a Supreme Court Ruling that all GDS shoild be considered as Central Government employees. According to the Applicant this Supreme Court Ruling has not been implemented in UP. The CPIO replied 07.07.09 stating that no such Supreme Court ruling or instruction has been received in his office. Not satisfied with the reply, the Appellant filed a First Appeal on 16.09.09 reiterating his RTI request for information. The Appellate Authority, in his order dated 06.08.09, upheld the decision of the CPIO. Being aggrieved with the reply, the Appellant filed his Second Appeal before the CIC once again seeking information.

The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the hearing on 22nd October, 2009. The CPIO, Mr. Pawan Kumar was heard over the phone. The Applicant was not present during the hearing.

Decision

The Respondent submitted that the Appellant had not enclosed any copy of the newspaper cutting regarding the so called Supreme Court Ruling ordering that all GDS employees should be considered as Central Government employees. He further added that no such instruction has so far been received by his office or by any other office of the Department across India. In the absence of such an order/instructions no information could be provided to the Appellant. The Commission after hearing the submissions of the Respondent holds that relavant information has been furnished to the Appellant and accordingly disposes off the appeal.

>CIC Decision No CIC/AD/A/2009/001252 dated 22.10.2009