2.11.09

CPIO SHOULD EXPEDITE REFUND OF AMOUNT TO THE SPMs AND TO ALLOW TO THEM TO INSPECT THE FILES

Shri Chaturbhuj Gangai Sub Post Master Kuruda SO Balasore 756 056 filed an RTI application dt.8.4.09 with the CPIO, DoP, Balasore requesting for information against 10 points related to the post quarters supplied for Kuruda SO for the period 2003 to 2008 including proof of occupation, floor area required for a single handed delivery SO SPM and rent paid to the house owner of Kuruda SO etc. The CPIO replied on 7.5.09 denying the information u/s 8(1)(j). Not satisfied with the reply, the Applicant filed an appeal dt.1.6.09 with the Appellate Authority stating that denial u/s 8(1)(j) is not applicable in this case. The Appellate Authority replied on 15.7.09 directing the CPIO to provide information against all the points raised in the RTI application within 15 days. In compliance with the Apppellate Authority’s order the CPIO provided information on 29.7.09. Not satisfied with the reply, the Applicant filed a second appeal dt.11.8.09 before the CIC.

The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the hearing for October 22, 2009. Shri Golak Chandra Mohanty, CPIO and Shri Pradeep Kumar Lenka CAPIO represented the Public Authority. The Applicant was represented by Shri Bhagirathi Das

Decision

The Respondent stated that he has joined as CPIO recently and that his predecessor who is now in Puri has denied the information u/s 8(1)(j). He admitted that the electricity was disconnected from 29.9.03 to 20.3.06 and that a new meter was installed on 21.3.06 after a sum of Rs. Rs.5000 was deposited on 9.3.06. He also admitted that a sum of Rs.140/- per month was deducted from the then SPMs Shri Purna Chandra Biswal from 1.3.03 to 31.3.04 and from Shri Sankarsan Singh from 1.4.04 to 31.12.04. No deductions were made from 1.1.05. The Appellant stated that amount has been recovered illegally from them and demanded refund of the amount. He also stated that information provided against point 6 is not correct. Some information related to the refund of money was also handed over to the Appellant during the hearing.
The Commission, after hearing the arguments, directs the CPIO to provide information against points ix of the RTI application to the Applicant and also recommends that the CPIO expedite the refund of recovery effected from two sub post Masters. With regard to points 2 and 3 of the reply dated 29.7.09, the Commission directs the CPIO to allow the Appellant inspection of the relevant 4 files, viz, personal files of Shri Purna Chandra Biswal and Shri Sankarsan Singh, electricity file, Kuruda building file and the Union file. The entire exercise should be over by 30.11.09
The Commission also directs the CPIO, DoP, Puri to show cause as to why a penalty of Rs.250/- per day (Rs.25000) should not be levied on him for denying the information u/s 8(1)(j). The response should reach the Commission by 15.11.09.

CIC Decision No CIC/AD/A/2009/001207 dated 22.10.2009