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

DETAILS OF INVESTIGATIONS TO BE GIVEN TO THE APPLICANT IN THE CASE OF FRAUDULENT KVP DISCHARGE

Shri Sanjeev Verma filed an RTI application dt.4.11.08 with the PIO, DoP, Gorakhpur requesting for information on action taken on his request in his letter dt.7.5.08 and asking whether the fraudulent payment against KVPs were audited or not and what action has been taken against the offenders. On not receiving any reply, he filed a complaint dt.26.5.09 before CIC reiterating his request for the information. The CIC vide its order dt.25.9.09 directed the PIO to provide information to the Complainant by 30.10.09 and to respond to the show cause notice for the delay in furnishing of information, by 5.11.09.

The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for November 13, 2009. Shri Rajeshwar Yadav, IPO representing CPIO represented the Public Authority.The Applicant was not present during the hearing.

Decision

The Respondent submitted that point wise information was provided on 28.11.08 informing the Complainant that the enquiry is being conducted by the enquiry officer, Sub Divisional Inspector (Central Sub Division), Balia. He also added that on receipt of hearing notice from CIC, the same information was sent once again to the Complainant on 28.10.09. He further stated that the preliminary enquiry has been conducted and the paid vouchers have been received which he did not possess at the time of replying to the RTI application on 28.11.08. Copies of paid vouchers have been furnished to SDI(Central Sub Division), Balia and only after analyzing them it would be possible to identify the offenders and till such time information against point 3 cannot be provided. He expressed his hope that the enquiry would be completed within one month. The Commission holds that available information has been provided to the Complainant and directs the PIO to inform the Complainant about the outcome of the enquiry and also to provide the enquiry report as well as the action taken on the offenders by 31.1.2010.

Since information has been provided well within the prescribed period, the Commission drops the penalty proceedings against the PIO..

Decision No CIC/AD/C/2009/000507 dated 13.11.2009

APPLICANT : AVATAR SINGH CPIO: SR. SUPDT OF POST OFFICES, NEW DELHI SOUTH DIVISION

Information sought - Brief : Particulars of NSCs and KVPs issued in the name of the third party.

Information sought - Details : The Applicant filed an RTI application dt.28.3.08 with the CPIO, DoP, New Delhi in which he requested for information regarding NSCs and KVPs issued to Shri Sohan singh Sohan Pal or Shri Sohan Singh for the period Jan.1998 to Dec.2004 and value of NSC and KVP with their Nos. mean number of NSC and KVP and payment released on NSC and KVP with their amount at Jangpura PO New Delhi.

Action of the CPIO: The CPIO replied on 17.4.08 denying the information u/s 8(1)(e) of the RTI Act.

Appeal to the 1st Authority :  Not satisfied the Applicant filed an appeal dt.29.4.08 with the Appellate Authority to which the Appellate Authority replied on 29.5.08 upholding the decision of the CPIO.

Appeal to the 2nd Authority (CIC) :Not satisfied with the reply, the Applicant filed a second appeal dt.25.8.08 before CIC and CIC’s directed the CPIO to provide the information after obtaining the no objection letter from the applicant’s wife (nominee) vide letter dt.22.1.09.

Information sought again by the applicant : Still aggrieved, the Applicant filed an appeal dt.20.2.09 stating that information in regard of NSCs purchased in the year 2005 have not been mentioned. The Appellate Authority replied on 24.3.09 stating that information asked in the appeal is an additional matter which was not sought in the original application. Aggrieved at the denial, the Applicant filed a second appeal dt.16.6.09 before CIC.

Decision of the Bench (Mrs. Annapurna Dixit, Information Commissioner)
The Respondent submitted that information sought by the Appellant was for the period 1998 to 2004 and that the same has been provided . He stated that in his first appeal the Appellant had requested for information about KVPs maturing in the year 2005. He stated that information could not be provided since there was a difficulty in understanding what exactly the Appellant was seeking as information about KVPs and NSCs bought in 1999 and maturing in 2005 was already provided to the Appellant . He stated that the Appellant had come to the Commission requesting for information regarding the NSC which the Applicant thinks is existing with maturity value of Rs.20000 in the year 2005. He further added that on receipt of copy of the second appeal, the matter was further looked into and it was found that there was no NSC issued or matured in the year 2005. This information was conveyed to the Appellant during the hearing. The Respondent also added that he would be willing to provide a affidavit to this effect. The Applicant also stated that he would be satisfied with the Certificate.
Comments. Hello Avatar Singh ji, Be clear about the information you required from the Government.

CIC  -   DECISION NO CIC/AD/A/2009/000942 DATED 27.8.2009