SH. R G SINGH in the instant case had filed representations against his non promotion in HSG –II (BCR) against the CPMG UP Circle, Lucknow memo No. STA/570-RR/2002-I dated 24.11.03. A similar petition was subsequently filed before the DG Posts, New Delhi on 24.07.04 against the non lifting of the Efficiency Bar [EB] at the stage of Rs. 1800/- to Rs. 1850/-. It was the case of the Complainant that the case of EB deserved to be reconsidered. However having received no decision on his petition/s, the Complainant filed two RTI Applications dated 19.12.06 with the CPIO, Dy. Directorate General (Personnel), Ministry of Communication & IT, New Delhi seeking information about the Original Petition dated 24.07.04 regarding lifting of the Efficiency Bar. The Complainant also sought copy of decision arrived at by the DG Post in the representation dated 2.4.05, against decision of the CPMG UP Circle, Lucknow under letter No. STA/570-RR/2002-I dated 24.11.03 vide the second RTI application.
The CPIO forwarded the application to the office of the Directorate of Postal Services, CPMG vide letter dated 08.01.07 to examine the applications and reply to the Applicant in view of provisions of the RTI act 2005. However when despite sufficient passage of time, no information was received by the Applicant, he once again filed an application on 30.06.08 before the CPIO, Dy. Directorate General (Personnel), Ministry of Communication & IT, New Delhi intimating him of the non receipt of any information. Being aggrieved at non receipt of any response nor information, the Complainant approached the Central Information Commission by filing the instant Complaint dated 11.07.09 reiterating his RTI request and give a factual narration of the case. The Commission passed an order dated 29.09.09 directing the CPIO to provide information as sought by the Complainant by 30th October 2009 and also issued a Show Cause notice upon the CPIO for non supply of information within stipulated period of time as provided in the RTI Act 2005. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the hearing on 13th November, 2009. Sh. G P Bajpai, Asst. Superintendent Post was present for the Public Authority. The Applicant was heard through Audio Conference during the hearing.
Decision
The Commission is in receipt of a communication dated 10.11.09 from the O/o CPMG, UP Circle, Lucknow stating that information to the RTI query was received in Postal Directorate and received at the O/o CPMG, UP Circle, Lucknow on 08.01.07 upon being forwarded therefrom. Due to non satisfactory service of the Complainant, financial benefit under BCR scheme was not granted to him upto 2000 and this position duly communicated by a reasoned speaking order dated 24.11.2003. Decision on the lifting of the EB was duly conveyed vide letter dated 08.07.04. It was stated in the said submission of the Respondent that the information as sought by the Appellant were provided to him even by the ADPS, Kanpur vide letter dated 07.05.2007. It was further clarified by the Respondent that his representation had been forwarded/transferred under Section 6 (3) of the RTI Act 2005 by Circle Office, Lucknow to Regional Office, Kanpur for further action from where it reached the O/o SPOs Kanpur, Muffassil Division on 30.05.05, since he is the custodian of information. Meanwhile vide a communication dated 23.09.08 the Respondent from the Kanpur Office had sought certain clarificatory information from the Complainant whereas no information was received from the Complainant. However the Complainant, heard through audio conference, contended that the Respondent’s submissions were incorrect and that information as sought by him had not been received till date.
The Commission observes that it is an admitted fact that the RTI application has been lying with the SPOs, Muffassil Division, Kanpur since 30.05.2005 and no communication nor information has been received therefrom ever since. Hence, the Commission directs the SPOs, Muffassil Division, Kanpur to show cause as to why a penalty of Rs.250/- per day should not be imposed on him for not providing the information within the stipulated period of 1 month as given in the RTI Act, 2005. It is also observed that no explanation has been offered by the Respondent Public Authority to the Show Cause notice. Accordingly a penalty of Rs. 25,000/- is being directed to be recovered from the salary of the CPIO, O/o CPMG, UP Circle, Lucknow in five equal installments for violation of the provisions of the RTI Act 2005 and non furnishing of response to the RTI application way beyond the stipulated period as provided in the RTI Act 2005. The penalty should be paid by way of a Demand Draft drawn in favour of “PAO, CAT” payable at New Delhi and send the same to Sh. G. Subramanian, Assistant Registrar, Central Information Commission. The first installment should reach by 15th Dec, 2009 and the final installment by 15th April 2010.
CIC Decision No CIC/AD/C/2009/000691 dated 13.11.2009
