Central Information Commission
CIC/AD/C/2009/000712
Dated 13th November, 2009
Name of the Applicant : MR. ASHOK PRATAP SINGH
Name of the Public Authority : DEPARTMENT OF POST
Background
1. The Complainant filed an RTI application dated 29.05.09 with the CPIO /Sr.
Superintendent of Posts, Azamgadh seeking information about certain
appointments done by one Sh. R K Chauhan, Sub Divisional Inspector, West
Sub Division Azamgadh. The Applicant queries were as follows:
1. Whether the recruitment of 16 people were done considering the UP
Educational Board’s High School examination equivalent to Hindi
Sahitya Sammelan Allahabad’s preliminary Examination [Prathama
Pariksha] or not. If so, on what basis?
2. Whether the recruitment of 6 people were done on the basis of
degrees from Gurukul Vishwavidyalaya, Vrindavan, and whether
Gurukul Vishwavidyalaya Vrindavan featured in the list of Fake
University according to the UGC. If that be so, are the appointments
valid?
2. However when despite sufficient passage of time, no information was received
by the Complainant, he approached the Central Information Commission by
filing a Complaint dated 15.07.09 reiterating his RTI request.
3. The Commission passed an order dated 30.09.09 directing the CPIO to
provide information as sought by the Complainant by 30th October 2009 and
also issued a Show Cause notice upon the CPIO for non supply of information
within stipulated period of time as provided in the RTI Act 2005.
4. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing on 13th November, 2009.
5. Sh. S P Rai, Inspector Post, Azamgarh present for the Public Authority.
6. The Applicant was represented by Sh. Kuldip Singh, Advocate during the
hearing.
Decision
7. The Commission is in receipt of a communication dated 27.10.09 from the
O/o Sr. Superintendent of Post Offices stating that information to the RTI
query had already been sent to the Complainant under office letter dated
25.06.09. The para-wise and item wise response furnished to the
Complainant on 25.06.09 was once again reiterated in the reply dated
27.10.09. While answering that the Hindi Sahitya Sammelan, Allahabad’s
preliminary Examination [Prathama Pariksha] was equivalent to the UP
Educational Board’s High School examination, the Respondent placed reliance
on an annexed copy of the notification of the Ministry of Human Resource
Development. Likewise the next question was also answered to state that the
Adhikari Pariksha conducted by the Gurukul Vishwavidyalaya, Vrindavan is
equivalent to High School examination based on communication received in
this regard from the Secretary, UP Board. The Complainant vide his letter
dated 10.11.2009 submitted before the CIC that he had received the
information only on 30.10.2009 as opposed to the misrepresentation by the
respondent of having furnished the information on 25.06.2009. The
Complainant further pointed out that the Respondent has not even mentioned
the letter number since the facts are misrepresented.
7. It is observed from the perusal of records that the Respondent Public
Authority had not furnished any evidence of having sent the information on
25.06.2009. In addition, no explanation has been offered to the Show Cause
notice. Hence a penalty of Rs. 25,000/- is being directed to be recovered from
the salary of the CPIO, O/o Sr. Superintendent of Post, Pradhan Dakghar,
Azamgarh officiating at the time of filing of the appeal by the Complainant,
in five equal installments for violation of the provisions of the RTI Act 2005
and delay in responding to the RTI application 120 days beyond the stipulated
period as provided in the RTI Act 2005. The penalty should be paid in 5
equal installments by way of a Demand Draft drawn in favour of “PAO, CAT”
payable at New Delhi and the same to be sent to Sh. G. Subramanian,
Assistant Registrar, Central Information Commission. The first installment
should reach by 15th Dec, 2009 and the final installment by 15th April 2010.
8. The case is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Assistant Registrar
Cc:
1. Mr. Ashok Pratap Singh
H. NO. 122, Araji Bagh
Azamgarh 276 001
2. The CPIO
O/o Sr. Superintendent of Post,
Pradhan Dakghar, Azamgarh
Uttar Pradesh
3 Officer in charge, NIC
4 Press E Group, CIC