Central Information Commission Judgements

Shri Tarun K.Roy vs Dept. Of Posts, New Delhi on 5 October, 2009

Central Information Commission
Shri Tarun K.Roy vs Dept. Of Posts, New Delhi on 5 October, 2009
              Central Information Commission
                                                  CIC/AD/A/2009/001179

                                                   Dated: October 5, 2009

Name of the Applicant              :     Shri Tarun K.Roy

Name of the Public Authority       :     Dept. of Posts, New Delhi


Background

1. The Applicant filed an RTI application dt.29.4.09 with the CPIO, DoP,
New Delhi requesting for information against 7 points related to post
offices not authorized o accept RTI applications, names of Ministries of
Government of India with which a number of authorities such as the
Election Commission, National Commissions for SC and ST , UPSC etc
are associated and lists of heads of Circle Offices in the Department of
Posts. The CPIO replied on 29.5.09 stating that with respect to para 4
of the RTI request, details are available on the website of the Dept. of
Posts. He, however, enclosed a photocopy of the hierarchy of pay
scales from Secretary to the lowest grade. Not satisfied with the reply,
the Applicant filed an appeal dt.12.6.09 with the Appellate Authority.
The Appellate Authority replied on 29.7.09 stating that once the
information is in the public domain through instructions, memos etc.
issued by the govt., it cannot be said to be held by the given public
authority within the meaning of section 2(f) of the RTI Act, as the
same is accessible to everybody. Being aggrieved with this reply, the
Applicant filed his second appeal before the CIC on 4.8.09 requesting
that the Appellate Authority be made disclose the official basis of s
perception about the hierarchy conveyed by him.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner,
scheduled the hearing for October 5, 2009.

3. Shri V.C. Kajla, CPIO & Director and Mr. Sunder Singh, S.O
represented the Public Authority.

4. The applicant was not present during the hearing.
Decision

5. The Commission, on perusal of information provided, including the
Organizational chart provided by the Respondent, holds that all
available/ complete information has been provided to the Appellant
and accordingly disposes off the appeal.

6. The appeal is accordingly disposed off.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G. Subramanian)
Asst. Registrar

Cc:

1. Shri Tarun K.Roy
H.No.3/3A
Street No.5
K-Block
Gangotri Vihar
Delhi 110 053

2. Shri V.C.Kajla
The CPIO & Director
Department of Posts
Dak Bhawan
Sansad Marg
New Delhi

3. The Appellate Authority
Department of Posts
O/o Dy. Director General (P)
Dak Bhawan
New Delhi

4. Officer incharge, NIC

5. Press E Group, CIC