CIC ACCEPTED THE FACT OF WEEDING OLD RECORDS CONTAINED INFORMATION OF DELIVERY OF RL PERTAINS TO THE YEAR 2004

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

CIC dropped penalty proceedings against the PIO as the enquiry details of lost RL were intimated

MRS. KRISHNA SHARMA filed her RTI application on 09.01.09 with the PIO / Department of post, Allahabad requesting for information related to his LIC No.2870 dated 25.10.08 which had matured who had been sent to her along with Post Office and who have received the same. On not receiving any reply from the PIO, the Applicant filed a Complaint before the CIC on 27.07.09. The Commission, vide its notice dated 30.9.09 directed the PIO to provide the information and also to respond to the showcause notice issued for the delay in furnishing the same, by 5 November, 2009.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the hearing for 13th November, 2009. Mr. Manu Bhai Sah, C.I. & CPIO represented the Public Authority. The Applicant was not present during the hearing.

Decision

The Commission received a letter dated 26.10.09 from the Post Office, Allahabad. The Respondent submitted that on 13.01.09 the Sr. Postmaster, Allahabad sent a letter to the Manager, LIC, Allahabad with a copy to the Complainant against her RTI application. The Respondent further stated that a letter dated 26.02.09 was again sent informing the Complainant that a search bill had been issued by the Sr. Post Master and that the article was traced till Allahabad PO after which the article got lost.. On 17.09.09 the Applicant was provided with the necessary form to be duly filled in for claiming compensation as per Rules. The Respondent also informed the Commission that action has been taken against the officer who was responsible for the lapse. The Respondent further added that the LIC had issued a duplicate cheque to the Complainant for Rs.20,000/- on 29.05.09. The Commission while holding that the available information has been provided to the Appellant and that the Appellant’s grievance seems to have been redressed, directs the PIO to send a copy of the Enquiry report to the Complainant by 10the December, 2009. On review of the explanation to the showcause notice for the delay in furnishing of information, the same was found to be reasonable and accordingly the Commission drops the penalty proceedings against the PIO.

CIC/AD/C/2009/000746 Dated 13th November, 2009