Central Information Commission
CIC/AD/A/2009/001082
Dated 17th September 2009
Name of the Applicant : MR. A.G. PASHUPATHY
Name of the Public Authority : DEPTT OF POSTS
Background
1 The Applicant filed an RTI application on 05.11.08 with the CPIO Deptt of
Posts, Chennai, seeking information against 27 points related to the CBI Case
registered in connection with alleged leakage of question papers of
examination to the cadre of Post man held on 08.05.04. The CPIO replied on
08.12.08 providing point wise information. Not satisfied by the order of the
CPIO, the Applicant herein filed a First Appeal before the Appellate Authority
on 18.12.08 commenting on each of the replies provided by the CPIO . The
First Appellate Authority replied vide letter dated 16.01.09 upholding the
decision of the CPIO in respect of points 3, 6, 7, 8, 10, 16, 18, 22, & 23.
Being aggrieved with this reply, the Applicant filed a Second Appeal before the
CIC on 17.07.09 requesting for supply of information and copies of relevant
documents.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing on 17th September, 2009.
3. Mr. G. Ganesan, Asst Director represented to the Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. The Respondent submitted that the Appellant is not involved in the ongoing
case related to leakage of question papers. He added that the CBI enquiry has
been completed and the report is available with the Public Authority and that
most of the information has already been provided to the Appellant. According
to the Respondent, the CBI report, the statements of witnesses which were
recorded and the letter to the CBI by the CPMG suggesting dropping of
charges against 3 individuals were denied under Section 8 (1) (h) of the RTI
Act, 2005. The Commission on review of the documents available directs the
CPIO to provide the certified copy of the letter written to CBI by the CPMG
requesting CBI to drop charges against the three offenders since the
information is already in the public domain. With regard to the CBI report and
recorded statements of witnesses, the Commission denies disclosure of
statements under Section 8(1)(g) of the RTI Act and directs the CPIO to
provide the CBI report after using the severability clause 10(1) to remove
names and designations of witnesses, enquiry officer etc. Information to be
provided by 10 October, 2009.
6. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Assistant Registrar
Cc:
1. Mr. A.G. Pashupathy,
Secretary, J.C.M,
Tamilnadu Postal
Regional Council,
47, Peters Road,
2. The CPIO
Deptt of Posts,
O/o the CPMG,
Tamilnadu Circle,
Chennai
3. The Appellate Authority
Deptt of Posts,
O/o the CPMG,
Tamilnadu Circle,
Chennai
4. Officer in charge, NIC
5. Press E Group, CIC