Central Information Commission
CIC/AD/A/2009/000766
Dated August 12, 2009
Name of the Applicant : Shri K.B.Srivastava
Name of the Public Authority : Dept. of Posts, Lucknow
Background
1. The Applicant filed an RTI application dt.17.10.08 with the CPIO, DoP,
Lucknow. He requested for information regarding disposal of an old
application of his. The CPIO replied on 23.12.08 stating that the said letter is
not traceable and requested the Applicant to send photocopy of said letter for
further necessary action. The applicant filed an appeal dt.6.2.09 with the
Appellate Authority. On not receiving any reply, he filed a second appeal
dt.25.5.09 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for August 12, 2009.
3. Mr.Gauri Shanker Vaish, ASP representing CPIO represented the Public
Authority.
4. The Applicant was not present during the hearing.
Decision
5. The Respondent submitted a rejoinder dt.11.8.09 stating that the Appellant,
vide his application dt.17.10.08, had asked for information regarding disposal
of two of his old applications dt.22.12.04 and 27.9.06 pertaining to a case
regarding alleged misbehaviour with him by a postal employee named Shri
Vijay Kumar Goyal, P.A., Jwalapur (Haridwar) of Uttaranchal Circle on
10.7.04, while he was working as Sr.Post Master, Saharanpur. The
Respondent added that the Appellant had not enclosed the old application
along with his RTI application and efforts were made to trace the applications
but they could not be located. However, the RTI application was forwarded to
the CPMG, Uttaranchal Circle, Dehradun assuming that since the official who
misbehaved was working in Uttaranchal Circle, the details of action taken
against him would be available there but the RTI application was returned
without any reply. The Respondent added that the Appellant was again
requested to supply the photocopies of his old applications but he did not do
so. Instead of making his first appeal to the appropriate authority, the
Appellant sent his first appeal to DG (Posts), and the particulars of the
appeal are not known. The Respondent submitted that it was only after
receipt of CIC’s notice that he came to know that the Appellant’s case was
dealt with by the Investigation Section of Circle Office and that his application
dt.22.12.04 was dealt with by the Appellant himself in the year 2005 in his
capacity of ADPS (Investigation). As per office records the case was given to
PMG, Bareilly Region, Bareilly for necessary action and as per report received
from suitable action was taken against the official at fault by reporting the
matter to the Police and by transferring him from Uttaranchal Cirlce to UOP
Circle on Administrative grounds. The letter dt.11.8.09 received from the O/o
PMG, Bareilly to Asst.Director (Inv), UP Circle, Lucknow which was also
shared with the Appellant on the same day states that Mr.Vijay Kumar Goel
was transferred from Uttarakhand Circle to Kheri Division under rule 37 of
P&T Manual Volume IV and now he is working as SPM Gangoh under
Saharanpur Division in UP Circle. The FIR lodged in Police Station was
decided by the City Magistrate, Saharanpur on 29.11.04 and further
proceeding was dropped accordingly.
6. Since complete information about the action taken on the officer who
misbehaved with him has been provided to the Appellant, the Commission
accordingly disposes of the appeal.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Asst. Registrar
Cc:
1. Shri K.B.Srivastava
Ex-Dy. Director
PTC Saharanpur
R/o 3/361
Vikas Nagar
Lucknow 226 022
2. The CPIO
Department of Posts
O/o Chief Post Master General
U.P.Circle
Lucknow
3. The Appellate Authority
Department of Posts
O/o Chief Post Master General
U.P.Circle
Lucknow
4. Officer in charge, NIC
5. Press E Group, CIC