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CENTRAL INFORMATION COMMISSION
Room No.296, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
Telefax:011-26180532 & 011-26107254 website: cic.gov.in
Complaint No. CIC/AD/C/2009/000834-DS
Complainant : Shri Rajesh Kumar Mishra, Varanasi
Public Authority : D/o Posts, Varanasi(through Shri Ashish Kumar Srivastava, ASP(HQ),
Varanasi (West) Dn-02
Date of Hearing : 17/06/2010
Date of Decision : 17/06/2010
Facts
:-
The Commission has received complaint filed by the complainant Shri Rajesh Kumar
Mishra that he has failed to receive response to his RTI application dated 30/01/2008 filed
before the CPIO, Superintendent of Posts, West Zone, Varanasi.
2. The complainant Shri Rajesh Kumar Mishra sought information through his RTI
application dated 17/11/2008 addressed to CPIO, Collectorate, Varanasi which was forwarded
by them to CPIO, Post Office, Varanasi on 20/11/2008.
3. Accordingly, the Commission issued Show Cause notice to the CPIO, Post Office,
Varanasi u/s 18 and 20 of the Act. Respondent was provided with an opportunity for presenting
his case before the Commission.
4. Accordingly, the matter is heard today. Both parties were present as above.
Respondent stated that they had received complainant’s RTI application dated 17/11/2008
through the O/o the District Magistrate on 20/11/2008.
5. Accordingly, CPIO, Varanasi, forwarded this application on 21/11/2008 to ASP (West
Sub Division), Varanasi Shri P.C. Yadav, who was the appointing authority and holder of the
said information.
6. CPIO, Varanasi, issued reminder to the deemed CPIO, namely, Shri P.C. Yadav, on
12/01/2009.
7. CPIO, Varanasi, issued a second reminder to Shri J.A. Khan, who took over as ASP,
West Sub Division, Varanasi, in place of Shri P.C. Yadav, on 21/01/2009, as Shri Yadav
relinquished charge of the post after being transferred out on 20/01/2009.
8. The reminder from CPIO, Varanasi, was dated 25/02/2009.
9. Complainant submitted that, to-date, he had still not received any response from the
O/o the deemed CPIO.
10. The RTI application of the complainant dated 17/11/2008 seeks information through 07
points.
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DECISION
11. Of these, he seeks information pertaining to 3rd party in points (I) to (V) which is
denied u/s 8(1)(j) of the Act.
12. Under point (VI), the complainant has sought information, as to whether a person who
is engaged on casual basis by the Department (for a period of 89 days), can discharge his
responsibilities in the Department without signing taking-charge report, and, if he can be paid
by the Department, without having signed the said document.
13. A copy of the rules in this regard, or, if there are no rules, then, the practice followed by
the Department, in this regard, will be provided to the complainant.
14. In point (VII), sought information whether Bachat Abhikarta(as clarified at the
hearing), can be appointed by the Department in any other capacity.
15. Respondents are directed to also provide a copy of the rules, in this regard, to the
complainant.
16. Information on points (VI)&(VII) to be provided within 02 weeks of receipt of this
order.
17. In respect of the Show Cause notice regarding imposition of penalty, the respondents
could not provide any reason for non-supply of information to the complainant by the deemed
CPIO, Shri P.C. Yadav for the period 21/11/2008 to 20/01/2009 and by Shri J.A. Khan,
deemed CPIO, for the period 21/01/2009 to date even though both deemed CPIOs were sent
reminders by CPIO, Varanasi.
18. Accordingly, under the provisions of section 20, the following penalties are imposed:-
(1) Deemed CPIO - P.C. Yadav:- 22/11/2008 - 20/01/2009:- delay of 59 days - 30 days = 29 days x Rs.250 = Rs.7,250/- (2) Deemed CPIO - J.A. Khan:-
21/01/2009 – to-date:- Rs.25,000/- – Rs.750 = Rs.17,750/-
19. The Commission, therefore, imposes a penalty of Rs. 17,750/- on the Deemed CPIO –
J.A. Khan, O/o the Superintendent of Posts, West Zone, Varanasi, in 05 instalments.
20. The O/o the Superintendent of Posts, West Zone, Varanasi, is directed to
recover the amount of Rs. 17,750/- from the salary of the Deemed CPIO – Shri J.A. Khan
and Rs.7,250/- from the salary of deemed CPIO Shri P.C. Yadav, and remit the same by a
demand draft or a Banker’s Cheque in the name of the Pay & Accounts Officer, CAT, payable
at New Delhi and send the same to Shri Pankaj K.P. Shreyaskar, Joint Registrar and Deputy
Secretary of the Central Information Commission, 2nd Floor, August Kranti Bhawan, New
Delhi-110066.
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21. The amount may be deducted at the rate of Rs.4000/- per month every month from the
salary of the Deemed CPIO – Shri J.A. Khan, O/o Superintendent of Posts, West Zone,
Varanasi and remitted by the 10th of every month starting from August, 2010. The total amount
of Rs. 17,750 /- will be remitted by 10th of December, 2010.
Deemed CPIO – Shri P.C. Yadav Rs.7,250/- in two equal monthly instalments starting
August, 2010.
22. The attention of the Principal Post Master General in-charge of Varanasi is drawn to a
statement made before the Commission, by the respondent, in which he said that, while
engagement of casuals is done at the Sub Divisional level, they were assigned to work at the
Branch Post Office, where no attendance register in respect of casuals engaged and working, is
maintained.
23. Appropriate authority may look into the procedures followed in this regard and make
changes, if required.
(Smt. Deepak Sandhu)
Information Commissioner (DS)
Authenticated true copy:
(T. K. Mohapatra)
Under Secretary & Dy. Registrar
Copy to:-
1. Shri Rajesh Kumar Mishra,
Village & Post Shahjahanpur,
Distt. Varanasi.
2. The Principal Post Master General in-charge,
Varanasi.
3. The PIO,
Supdt. of Posts,
West Zone, Varanasi.
4. Shri Pankaj K.P. Shreyaskar,
Joint Registrar and Deputy Secretary
Central Information Commission,
2nd Floor, August Kranti Bhawan,
New Delhi-110066.