Shri Sunil Kumar Sharma the Applicant filed an RTI application dt.2.12.08 with the PIO, DoP, Chapra requesting for information relating to the status of three regd. Letters sent by him on 1.1.04. On not receiving any reply, he filed an appeal dt.7.1.09 with the Appellate Authority reiterating his request for the information. On still not receiving any reply, he filed a complaint dt.162.09 before State Information Commission, Patna who in turn transferred the case to CIC and the same was registered in the Commission on 18.6.09. In his complaint, the Complainant alleged that the post man, Mr.Nandlal Ram had taken bribe and destroyed three letters instead of delivering them and then had entered wrong information in the register stating that the recipients were not available. He also added that a complaint was lodged by him with the Asst. Supdt, Central Sub Division and an enquiry was conducted. However, he was not informed about the outcome of the enquiry. The CIC vide its order dt.30.9.09 directed the PIO to provide information to the Complainant by 30.10.09 and to respond to the showcause notice issued to the PIO by the Commission, for the delay in furnishing information, by 5.11.09.
The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for November 13, 2009. Shri Pankaj K. Mishra, CPIO represented the Public Authority. The Complainant was not present during the hearing.
Decision
The Respondent submitted that the reply was furnished on 10.12.08 informing him that that records of registered letters of 2004 have been weeded out and therefore information cannot be provided. He stated that the same information was sent once again to the Complainant on 14.10.09 in response to the CIC’s order dt.14.10.09. 6. The Commission while noting that information has been provided to the Complainant within the prescribed time limit, however, directs the PIO to provide a certified copy of rules for preservation of records to the Complainant by 13.12.09 and drops the penalty proceedings against the PIO.
CIC Decision No CIC/AD/C/2009/000659 dated 13.11.2009
