Shri Hukma Raj Badala the Applicant filed an RTI application dt.15.12.08 with the PIO, DoP, New Delhi stating that the cheque book which was sent by HDFC through speed post on 1.11.08 had to be collected by him from the post office on 6.11.08 in a torn condition. He added that it seems from the way the envelope was torn, that a group of people in the post office is deliberately destroying his letters and that he had filed a police complaint on 8.11.08. He requested for the information on the action taken on it. On not receiving any reply, he filed an appeal dt.18.5.09 with the Appellate Authority reiterating his request for the information. On still not receiving any reply, the Applicant filed a complaint dt.24.6.09 before CIC reiterating his request for the information. 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 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 R.L.Meena, CPIO & Shri H.S.Goyal represented the Public Authority. The Complainant was heard through audio conference.
Decision
The Commission observed that the explanation to a different showcause notice issued by the Commission has been provided by the PIO vide letter dated 12.11.09. The PIO, therefore, is given one more chance to respond to the show cause notice issued by the Commission in respect of the RTI application dated 15.12.08 and the first appeal dated 18.5.09. The response to reach the Commission by 15.12.09. With regard to the complaint filed before the Commission, the Commission holds that an earlier CIC decision given on the same issue of delivery of destroyed letters to the Complainant, in case No.CIC/AD/A/2009/001241 dt.5.11.09, holds in this case also. The decision is as follows:
In view of the repeated complaints/RTI requests of the Complainant before the CIC complaining and reiterating the same grievance time and again, the Commission is of the considered opinion that a Police Inquiry is required in the matter. Accordingly, the Commission in exercise of the provisions of Section 18(2) of the RTI Act, directs the CPIO, Department of Posts to take up with matter with the Supdt. of Police of the concerned police station and conduct an enquiry to investigate the veracity and possible remedy of the repeated alleged grievance of the applicant. The PIO is directed to submit all the documents before the police authorities pertaining to the applicant in order to facilitate the enquiry and expeditiously resolve the matter. The findings of the enquiry report may be furnished to the Complainant under intimation to the Commission by 20.12.09
CIC Decision No CIC/AD/C/2009/000670 dated 13.11.2009
