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

CIC ORDERS FOR POLICE INQUIRY IN THE CASE OF DELIVERY OF CHEQUE BOOKS IN DAMAGED CONDITION THROUGH SPEED POST

Shri Hukma Raj Badala the Applicant filed an RTI application dt.15.12.08 with the PIO, DoP, New Delhi stating that the cheque book which was sent by HDFC through speed post on 1.11.08 had to be collected by him from the post office on 6.11.08 in a torn condition. He added that it seems from the way the envelope was torn, that a group of people in the post office is deliberately destroying his letters and that he had filed a police complaint on 8.11.08. He requested for the information on the action taken on it. On not receiving any reply, he filed an appeal dt.18.5.09 with the Appellate Authority reiterating his request for the information. On still not receiving any reply, the Applicant filed a complaint dt.24.6.09 before CIC reiterating his request for the information. 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 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 R.L.Meena, CPIO & Shri H.S.Goyal represented the Public Authority. The Complainant was heard through audio conference.

Decision

The Commission observed that the explanation to a different showcause notice issued by the Commission has been provided by the PIO vide letter dated 12.11.09. The PIO, therefore, is given one more chance to respond to the show cause notice issued by the Commission in respect of the RTI application dated 15.12.08 and the first appeal dated 18.5.09. The response to reach the Commission by 15.12.09. With regard to the complaint filed before the Commission, the Commission holds that an earlier CIC decision given on the same issue of delivery of destroyed letters to the Complainant, in case No.CIC/AD/A/2009/001241 dt.5.11.09, holds in this case also. The decision is as follows:

In view of the repeated complaints/RTI requests of the Complainant before the CIC complaining and reiterating the same grievance time and again, the Commission is of the considered opinion that a Police Inquiry is required in the matter. Accordingly, the Commission in exercise of the provisions of Section 18(2) of the RTI Act, directs the CPIO, Department of Posts to take up with matter with the Supdt. of Police of the concerned police station and conduct an enquiry to investigate the veracity and possible remedy of the repeated alleged grievance of the applicant. The PIO is directed to submit all the documents before the police authorities pertaining to the applicant in order to facilitate the enquiry and expeditiously resolve the matter. The findings of the enquiry report may be furnished to the Complainant under intimation to the Commission by 20.12.09

CIC Decision No CIC/AD/C/2009/000670 dated 13.11.2009

SHOW CAUSE NOTICE ISSUED TO THE CPIO FOR NOT GIVING REPLY RELATING TO DELIVERY OF SPEED POST ARTICLE

Shri Prem Kumar Poddar Lal Bazaar filed an RTI application dt.19.6.09 with the CPIO, DoP, Betiya requesting for information about the delivery of 3 speed post articles. On not receiving any reply, he filed an appeal dt.21.7.09 with the Appellate Authority reiterating his request for the information. The Appellate Authority replied on 8.8.09 stating that the CPIO has replied on 17.7.09, and also enclosed a copy of the CPIO’s reply. Being aggrieved with this reply, the Applicant filed a second appeal dt.17.8.09 before the CIC.

The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the hearing for October 22, 2009. The Respondents were not present during the hearing. The Applicant was heard through audio conference.

Decision

The Appellant stated that he did not receive the CPIO’s reply dt.17.7.09 nor was it enclosed along with his Order by the Appellate Authority as stated by him in his letter dt.8.8.09. The Commission directs the CPIO to provide the information requested by the Appellant by 15.11.09 and also to show cause as to why a penalty of Rs.250/- per day (Maximum Rs.25000/-) should not be levied on him for not responding to the RTI application within the stipulated time as prescribed under the Act. The response should reach the Commission by 15.11.09

CIC Decision No CIC/AD/A/2009/001202 dated 22.10.2009