Dealing assistant, the deemed PIO under Secion 5(5) of the RTI Act, was imposed penalty of Rs 1000/-

Shri Balbir Singh, the Applicant filed an RTI application dt.24.7.09 with the CPIO, O/o CPMG, Ambala requesting for information against 9 points with regard to transfer procedures. On not receiving any reply, he filed an appeal dt.31.8.09 with the Appellate Authority. On not receiving any reply from the First Appellate authority, he filed a complaint dt.nil before CIC. The CIC vide its order dt.30.10.09 directed the PIO to provide the information by 30.11.09 and to show cause in writing for the delay in furnishing information, by 4.12.09.
The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for December 10, 2009.  Shri R.S.Yadav, CPIO, Shri S.N.Bhatia, Shri R.D.Bansal and Shri Ram Nath represented the Public Authority. The applicant was not present during the hearing.

Decision

Shri R.S.Yadav, CPIO vide his letter dt.-.11.09 submitted that on receipt of CIC order dt.30.10.09, the whole episode came to light and explanation of the official at fault was called for keeping the RTI application under active consideration. The RTI application was received on 27.7.09 and it was transferred to the staff section on 29.7.09 where it was to be dealt with by Shri Som Nath Bhatia, the then Dealing Assistant and Section Supervisor (Staff Section) working under the control of Shri V.K.Malhotra, the then APMG (Staff) & PIO (retired on superannuation on 30.9.09). He added that Mr.S.N.Bhatia could not put up the said RTI application to Shri Malhotra due to heavy rush of work as well as ill health and he put up the RTI application only on 3.9.09 with a draft letter addressed to the Complainant requesting him to furnish the receipt of Rs.10/- for taking further action. Shri Malhotra signed the draft letter and marked the file back to Shri Bhatia on 8.9.09. Since, the Complainant was BPL card holder, no fee was to be charged from him and as such the letter was not dispatched to the Complainant. The Respondent emphasized the fact that due to heavy rush of work, Shri S.N.Bhatia forgot to put up the file to the PIO along with the information sought by the Complainant. On receipt of the CIC’s order, information was supplied to the Complainant on 18.11.09. He further added that process for direct recruitment of Postal Assistants in Circle Office/Army Postal Service is in progress and a large number of applications received for the posts are being processed to finalize the recruitment by 31.12.09, the target date fixed by the Postal Directorate. In this way, Shri S.N.Bhatia and Shri Malhotra were busy in finalizing recruitment process of Postal Assistants and they could not supply the information timely to the Complainant. However, keeping in view the gravity of the laxity/carelessness on the part of Shri S.N.Bhatia, strict action is being taken against him.

The Commission after reviewing the explanation observed that no reasonable cause for the delay in furnishing information has been provided by the Respondents. Also, the deemed PIO, Mr. S.N. Bhatia has failed to provide the information on time not once, but twice. The first time he failed to put up the RTI application to Mr. Malhotra and left it unattended to from 29.7.09 to 3.9.09 and the second time, even after having received the approval from Mr. Malhotra on 8.9.09, failed to reply to the Complainant till 18.11.09. The Commission while holding Mr. Bhatia as the deemed PIO under Section 5(5) of the RTI Act, is constrained to impose a penalty on him under Section 20(1) of the RTI Act and accordingly directs the Appellate Authority to recover an amount of Rs. 1000/- for a delay of 4 days (from 30.8.09 to 3.9.09) from the salary of Mr. Bhatia . The amount to be paid in a single installment through a Demand Draft in favour of PAO CAT . The Demand Draft should reach the Commission by 10th February 2010 and it should be addressed to Shri G.Subramanian, Under Secretary & Deputy Registrar, Central Information Commission, Club Building, Old JNU Campus, New Delhi 110 067. The complaint is accordingly disposed off.
 
CIC Decision No CIC/AD/C/2009/000956 dated 10.12.2009

The Complainant should approach an appropriate forum for redressal of his regarding misbehaviour of employees of the Post office towards the public.

Shri S.P.Singh, the Applicant filed an RTI application dt.27.8.08 with the PIO, DoP, Meerut Cantt requesting for action taken against various complaints lodged by him at Sub Post Office on 19.4.08 regarding the misbehaviour of Postal staff against public. On not receiving any reply, he filed an appeal dt.5.1.09 with the Appellate Authority. On still not receiving any reply, he filed a complaint dt.10.8.09 before CIC The CIC vide its order. dt.30.10.09 directed the PIO to provide the information by 30.11.09 and to show cause in writing for the delay in furnishing information by 4.12.09.

The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for December 10, 2009. Shri U.P.Gangal, Sr. Post Master representing CPIO and Shri Ravi Goel, Office Assistant represented the Public Authority.  The Complainant was present during the hearing.

Decision

Sr. Supdt. of Post Offices, Meerut Division, Meerut submitted an explanation in response to the show cause notice statimng that the RTI application was received on 29.8.08 and that reply was provided on 3.9.08 reminding the Complainant that information sought in the RTI application in the instant case has already been supplied to him vide letter dated 22.7.08 and also informing him that he can post letters under UPC at any Post Office in Meerut Division. When the Commission queried as to exactly what further information the Complainant is seeking , the Complainant replied that he does not want any information and that he wants action to be taken against the Postal Department officials for having misbehaved with him.

The Commission on review of the explanation, observed that information has been provided on time and drops the penalty proceedings against the PIO. The Complainant is advised to approach an appropriate forum for redressal of his grievance regarding misbehaviour of employees of the Post office towards the public.

CIC Decision No CIC/AD/C/2009/000776 dated 10.12.2009

Penalty of Rs.25,000/- is imposed on CPIO, Vigilance Branch, Department of Posts, O/o PMG, Allahabad

Shri Shailendra Nath Pandey, the Applicant filed an RTI application dt.22.12.08 with the CPIO, O/o PMG, Allahabad requesting for information regarding disposal of petition dt.30.5.08 about his promotion to the post of Inspector of Post Offices under PH quota.  The Asst. Director, O/o PMG, Allahabad transferred the RTI application to Vigilance Branch, O/o PMG, Allahabad on 20.1.09. On not receiving any reply, the Applicant filed an appeal dt.20.3.09 with the Appellate Authority which was transferred by Shri R.S.Pal, A.D.P.S (Legal Cell) O/o CPMG, Lucknow, to Director Postal Services, O/o PMG, Allahabad on 2.4.09. On still not receiving any reply, the Applicant filed a complaint dt.27.5.09 before CIC. The CIC vide its order dt.30.10.09 directed the PIO to provide the information by 30.11.09 and to show cause in writing for the delay in furnishing information, by 4.12.09.

The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for December 10, 2009. Shri S.K.Singh, CPIO and Shri R.Gurushankar represented the Public Authority. The Complainant was not present during the hearing.

Decision

Shri S.K.Singh, CPIO, O/o PMG, Allahabad vide his letter dt.1.12.09 in response to the show cause notice submitted that according to information given by the Supdt. of Post Offices, Ghaziabad, the Vigilance Branch was requested to provide the information vide letter dt.1.1.09 and that reply to the Complainant could not be given by the concerned branch of the office due to non-receipt of petition dt.30.5.08. He added that the first appeal dt.20.3.09 was also not received. On enquiry it came to light, (as per letter dated 23.11.09) that the petition of the Complainant was actually sent to SSPOs, Varanasi (East) Division and not to O/o PMG Allahabad vide letter dt.9.7.08. The petition of the Complainant was forwarded by SSPOs, Varanasi (East) Division to the CPMG, Lucknow vide letter dt.16.2.09. On receipt of information as detailed above, the Complainant was immediately replied to about further disposal of his petition vide letter dt.27.11.09

On reviewing the explanation provided by Shri S.K.Singh, the Commission observed that the RTI application was transferred to the Vigilance Branch on 1.1.09 and that Vigilance Branch has not provided the information. While inspecting the vigilance file brought by the Respondent to the hearing, the Commission observed that the CIC’s order dt.30.10.09 was available in the file indicating that the CPIO Vigilance section was aware of the fact that that he has to respond to the show cause notice and yet no official from the Vigilance Section attended the hearing. The Commission, therefore, holds the CPIO, Vigilance, O/o PMG, Allahabad as the deemed PIO under Section 5(5) of the RTI act and decided to impose a penalty u/s 20(1) of the RTI Act on him for not providing the information.

Accordingly, a penalty of Rs.25,000/- is imposed on CPIO, Vigilance Branch, Department of Posts, O/o PMG, Allahabad and the same will be recovered from his salary in five instalments @ Rs.5,000/- per month.

The Appellate Authority is directed to recover the amount of Rs.5,000/- from the salary payable to CPIO, Vigilance Branch, Department of Posts, O/o PMG, Allahabad (at the time the RTI application was transferred on 1.1.09) by way of Demand Draft drawn in favour of ‘PAO CAT’ in 5 equal monthly installments. The first installment should reach the Commission by 10th February 2010 with subsequent installments reaching on 10th of every month and the last installment by 10th June 2010. The Demand Draft should be addressed to Shri G.Subramanian, Under Secretary & Deputy Registrar, Central Information Commission, Club Building, Old JNU Campus, New Delhi 110 067.

CIC Decision No CIC/AD/C/2009/000950 dated 10.12.2009

CIC-dropped penalty proceedings against the CPIO after review of the explanation submitted by the CPIO.

In the following three cases, the CIC dropped the penalty proceedings against the CPIO after considering the explanation received from the CPIO.

(a)  CPIO, Postal Directorate - Decision dated 14.12.2009

(b)  Supdt. of Post Offices, Nawada Division, Nawada 805110 - Decision dated 14.12.2009

(c)  Supdt of Post Offices, Gonda Postal Division, Gonda 271001 - Decision dated 14.12.2009

CPIO to intimate date of delivery of Speed Post Article dated 12.11.2008 otherwise to intimate the particulars of records weeded out with the rulings for weeding out of records.

Shri Devendra Prasad Singh filed an RTI application dt.12.1.09 with the PIO, DoP, Balia. He requested for proof of delivery of his speed post article sent on 12.11.08. The PIO replied on 3.2.09 requesting the Applicant to intimate the speed post No. to be able to track the article. The Applicant filed a complaint dt.7.5.09 before CIC reiterating his request for the information. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for November 25, 2009.
Shri Rajeshwar Yadav, IPO representing CPIO represented the Public Authority. The Applicant was not present during the hearing.

Decision

Shri Rajeshwar Yadav . CPIO cum Respondent submitted that the Appellant had requested vide RTI application dt.12.1.09 for proof of delivery of speed post article sent by him from Balia Post Office to Lucknow on 12.11.08. The CPIO replied on 3.2.09 requesting him to intimate the speed post No. to track the letter. The CPIO, meanwhile transferred the RTI application to the complaint section of the Post Office. On receipt of the speed post No from the Appellant on 11.2.09 , the CPIO wrote to Lucknow GPO on 12.2.09 requesting the CPIO Lucknow to inform the date of delivery. The Appellant on 7.5.09 once again reminded the CPIO who in turn on 23.6.09 reminded the CPIO Lucknow GPO to inform the date of delivery. The CPIO Lucknow GPO on 11.7.09 wrote back to Balia Post office to intimate to him the mode of dispatch i.e the bag in which it was sent. After this communication there was no response from the Appellant. The Respondent added that on receipt of CIC notice to appear for a hearing on 4.11.09, the Respondent contacted the Sr.Post Master, Balia HPO once again about the dispatch details and once again there was no response from him. The Respondent, Shri Yadav further stated that he personally looked into the matter and came to know from the tracking system that the speedpost article was sent from Balia SPC to Mhow RMS on 12.11.08 and from there it was dispatched to Lucknow GPO via Benaras. He was able to track the article till it reached Lucknow SPC. After that, it seems that the article was lost. He added that the Manager, SPC, Lucknow vide his letter dt.11.11.09 had informed him that no information can be provided since the records have been weeded out.

The Commission after hearing the submission of the Respondent directs the CPIO, GPO, DoP, Lucknow to provide the information about the delivery of the article to the Appellant in the event the records have not been weeded out. On the other hand, if the records has been weeded out, a copy of the rule regarding preservation of records along with proof of weeding out the same to be provided to the Appellant. The Commission holds the CPIO, Lucknow GPO as the deemed PIO u/s 5(5) and directs him to show cause why a penalty of Rs.250/- per day should not be levied on him for not responding to the RTI application even though he was informed on 12.2.09 itself to provide the information. The response to reach the Commission by 25.12.09.

CIC Decision No CIC/AD/C/2009/000823 dated 25.11.2009

Dispute over the ownership of P&T Holiday Home at Library (Gandhi Chowk) in the city of Mussoorie:

Dr.O.P.Duggal filed an RTI application dt.2.7.09 with the PIO, DoP, Dehradun. He requested for following information in respect of P&T Holiday Home situated at Library (Gandhi Chowk) in the city of Mussoorie:

i) Is the Postal Department owner/tenant of the building.

ii) If owner from whom purchased when and at what price with photocopy of sale deed.

iii) If tenant, who is the owner, taken at what rent and from which date with photocopy of agreement deed with the owner.

The PIO replied on 4.8.09 stating that the Postal Department is the owner of the Holiday Home Campus Mussoorie and that it was transferred from the name of Mrs.M. Fuster to the President of India on 23/26 June 1960. He stated that Photocopy of the sale deed is not available at present. Not satisfied with the reply, the Applicant filed a complaint dt.10.8.09 with the State Information Commission, Dehradun stating that the PIO had not mentioned when the saledeed would be made available. The SIC, Dehradun in turn transferred the case to CIC on 26.8.09.

The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for December 2, 2009. Shri S.K.Kandwal, ASP (Bdg) cum APIO represented the Public Authority. The Applicant was represented by Dr.Jyoti Marwah during the hearing.

Decision

Dr.Jyoti submitted that her father is the owner of the land on which the Postal Holiday Home stands. The Respondent, however, refuted this statement by stating that the Postal Department is the owner of the building and that it was purchased in 1960 from Mrs.Fuster. He, however, was unable to produce the sale deed as sought by the Appellant since according to him the same has been lost. He also stated that the CPIO had informed him in July that efforts are being made to get a duplicate sale deed. The Commission after hearing the submissions of both sides directs the CPIO to lodge an FIR with the police about the lost Sale Deed and to share a copy of the FIR with the Appellant and with the Commission and also to obtain the duplicate sale deed and provide a certified copy of the same to the Appellant before end January, 2010. The Appellant is directed to submit a compliance report to the Commission by 7.2.10.

CIC Decision No CIC/AD/C/2009/000836 dated 20.11.2009

Public Authority to provide Rs.2,000/- to the Complainant as compensation for the expenses incurred by the Complainant in traveling to the Commission twice for the hearing and for the harassment he has been subjected to while running from pillar to post for the information

Shri Shiv Kumar Gupta filed an RTI application dt.7.10.08 with the CPIO/Dy. Divisional Manager(PLI), O/o CPMG, Lucknow requesting for information against 17 points with regard to KVPs and NSCs. Shri R.S.Pal, A.D.P.S.(Legal Cell), O/o CPMG, Lucknow transferred the RTI application to Supdt. of Post Offices, Fatehpur Division on 14.10.08 requesting him to provide the information directly to the Applicant. On not receiving any reply, the Applicant filed a complaint dt.10.12.08 with the UP Information Commission who transferred the case to CIC vide letter dt.23.5.09 . The complaint was registered at the Commission on 13.6.09. The Commission vide its order dt.30.9.09 directed the CPIO to provide the information to the Applicant by 30.10.09 and also to respond to the showcause notice issued to him by the Commission for the delay in supply of information, by 5.11.09.

The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for November 19, 2009. The Respondents were not present during the hearing. The Applicant was present during the hearing.

Decision

The Complainant submitted that he received the information vide letter dt.5.11.09 which, however was not correct. He added that his original KVPs were stolen from his house and that he had lodged an FIR with the police in this connection. He complained that his maturity amount of Rs.30,000/- was denied to him by the officials of the Postal Department. The Commission after hearing the submission of the Appellant directs the CPIO to appear in person along with all necessary files/documents/records/registers at the Commission on 17.12.2009 at 10.30 am. The Complainant also to be present for inspection of files in the presence of a senior official of the Commission.

The Commission directs the Public Authority to provide Rs.2,000/- to the Complainant as compensation for the expenses incurred by the Complainant in traveling to the Commission twice for the hearing and for the harassment he has been subjected to while running from pillar to post for the information . The amount to be paid by 15th of December.

The Commission also gives one more opportunity to the CPIO to show cause why penalty should not be levied on him for the delay in furnishing information and for providing the wrong information to the Complainant, seemingly with malafide intentions. The CPIO to submit his explanation in person at the time of the hearing on 17.12.09. A copy of his explanation also to be given to the Complainant. The complaint is disposed off with above directions.

Decision No CIC/AD/C/2009/000547 dated 11.11.2009

For delay in delivery of an ordinary letter, the applicant should approach a suitable forum for redressal of his grievance.

Shri Sujit Kumar filed an RTI application dt.24.10.08 with the CPIO, DoP, Motibihari. He wanted to know reasons for the delay in delivery of a letter sent by ordinary post from Bombay which was stamped on 13.9.08, and stamped at Motibihari on 19.9.08 and stamped at Sirsa Colony on 1.10.08 and was delivered by the Post Man on 3.10.08. On not receiving any reply, he filed an appeal dt.16.12.08 with the Appellate Authority. On still not receiving any reply, he filed a complaint dt.13.2.09 with Bihar Information Commission who transferred the case to CIC, which was registered at CIC on 18.6.09. The Commission vide its order . dt.30.9.09 directed the n CPIO to provide the information to the Applicant by 30.10.09 and also to send a response to the showcause notice issued to the PIO by the Commission for the delay in supply of information , by 5.11.09.

The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for November 19, 2009. Shri Satya Narayan Prasad, Asst. Supdt. of Posts and Shri Pawan Kumar, Inspector Posts represented the Public Authority. The Applicant was present during the hearing

Decision

The Complainant wanted to know why the letter which he sent by ordinary post has taken 12 days to reach from Mumbai to Sirsa Colony in Motihari in Bihar. The Respondent submitted that the delay in delivery of letter sent by ordinary post was because the pincode provided by the sender was not correct and therefore the article reached another post office and had to be redirected to the correct post office. The Commission while accepting the explanation for the delay in delivery of the letter, noted that no explanation to the showcause notice has been furnished; however condones the delay in furnishing information with a strict warning to the PIO not to deal with RTI applications with a frivolous attitude and condones the delay in providing information to the RTI application within the stipulated period and drops the penalty proceedings against the PIO.. Since the information sought relates to a grievance matter, the Complainant is advised to approach a suitable forum for redressal of his grievance. The complaint is disposed off with the above directions

Decision No CIC/AD/C/2009/000580 dated 19.11.2009

Xerox opy of definition of Preliminary enquiry and disciplinary enquiry to be given to the petiontioner.

Shri Brijesh Kumar Shukla filed an RTI application dt.29.8.08 with the CPIO, DoP, Sasaram. He wanted to know what is meant by preliminary inquiry and the disciplinary inquiry. On not receiving any reply, he filed an appeal dt.20.2.09 with the Appellate Authority. Still not receiving any reply, he filed a complaint dt.14.5..09 before CIC. The Commission vide its order of even No. dt.30.9.09 directed the respondents to provide the information to the applicant by 30.10.09 and also to send explanation in writing to the Commission for the delay in supply of information by 5.11.09.

The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing on November 20, 2009. Shri Jitendra Singh, CPIO represented the Public Authority. The Applicant was not present during the hearing.

Decision

After hearing the Respondent , the Commission holds that while information sought is not available in records with the Public Authority, the definitions are available in the CCS(CCA) rules which are available on the website. The Respondent may provide a photocopy of the relevant pages of the rules to the Complainant by 25 December, 2009.

Decision No CIC/AD/C/2009/000599 dated 19.11.2009

Details of compensation paid in the DCDRF case should be intimated to the applicant

Shri Jyotinder Patel filed an RTI application dt.15.6.09 with the CPIO, DoP, Mumbai City West Division. He sought following information relating to GPO Vs Shobha Alimchandani.

i) To provide the names and designations of the officials who were involved in the above case causing deficiency of service.

ii) Total No. of hearings till the final order.

iii) Total remuneration to the defense advocate. Whether paid per appearance or consolidated.

iv) Was the award compensation paid to the complainant individually (what was individual amount paid by each person involved) or was it paid from a common pool.

Shri R.P.Vishwakarma, CPIO replied on 14.7.09 stating that information sought cannot be disclosed as per section 8(1)(j) of the RTI Act as the information is personal information, the disclosure of which has no relationship with any public activity and also it is not in a larger public interest. He further added that there is no case with his division like GPO Vs. Shobha Alimchandani.

Not satisfied with the reply, the Applicant filed an appeal dt.29.7.09 with the Appellate Authority (Copy not in file). Ms.Abha Singh, Appellate Authority replied on 27.8.09 directing the CPIO to supply the designation of the official at fault, causing deficiency in service, as sought against point 1 and to provide available information against points 2 to 4 . In compliance with the order, the CPIO furnished point wise information to the Applicant on 7.9.09. Not satisfied with the information, the Applicant filed a second appeal dt.12.9.09 before CIC stating that CPIO has not provided the information against point 4, about whether compensation was paid from the pocket of the individual or by the Public Authority. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for November 24, 2009. Shri Sanjay Deoram Kharat, SDI(I) representing CPIO & Appellate Authority represented the Public Authority. The Applicant was not present during the hearing.

Decision

The Respondent submitted that there was a CDRF Case No.205/2006 Shobha Rajan Alimchandani V/s. The Postmaster in Charge, Tardeo Post Office & the CPMG, GPO, Mumbai. Hence the reply given by the CPIO that there is no case with his division like GPO Vs. Shobha Alimchandani is absolutely correct. He added that as per Court judgment dt.29.4.09 wherein it was ordered to pay a compensation of Rs.8000/- jointly to the Appellant within 4 weeks, the compensation was paid to Smt. Shobha Alimchandani by the Department immediately to ensure that the Court orders are complied with. After payment of compensation, the Department had fixed the responsibility on the official at fault who failed to deliver the letter & disciplinary action has been initiated to recover the loss sustained by the Department. He added that it was the postman who was found to be at fault and since he could not pay Rs.8000/- the Department had paid the amount with the understanding that it would be recovered from the postman in monthly installments. The Commission after hearing the submission of the Respondent directs the CPIO to provide the detailed information against point 4 to the RTI application to the Appellant by 24.12.09. The Appellant is directed to submit a compliance report to the Commission by 31.12.09.
The appeal is disposed off accordingly.

CIC Decision No CIC/AD/A/2009/001348 dated November 24, 2009