Central Information Commission
CIC/AD/A/2009/000972
Dated 1st September, 2009
Name of the Applicant : Mr. Bhagwan Sahai,
Name of the Public Authority : Department of Post, Etah.
Background
1. The Applicant filed his RTI application dated 17.04.09 requesting for all the
documents related the fraud detected in the Post Office involving fake money
orders The PIO denied the information under Section 8(1)(j) as the inquiry
was still going on. The first Appeal was filed by the Appellant on 19.05.09
reiterating his request for the information. The Appellate Authority in his
order dated 212.06.09 denied the information since the inquiry in respect of
the fraud detective in Etah was going on. Being aggrieved with the reply, the
Applicant filed his Second Appeal before the CIC on 20.06.09.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for 1st September, 2009.
3. Mr. Umrao Singh, CPIO, Mr. K.G. Kulshrain and Mr. Anil Kumar were present
during the hearing represent the Public Authority.
4. The Applicant, Shri Bhagwan Sahai, was present during the hearing.
Decision
5. The Respondent submitted that the Appellant is a co-offender in the fraud
case detected in the post office Etah and that a charge sheet has already
been issued to him. Besides this an FIR too has been lodged against the
offenders in 2008. He added that the inquiry is at present going on and that
the very same documents being sought by the Appellant are those that are
being used by the inquiry officers to gather information about the fraud case.
He added that any disclosure of this documents at this stage would impede
the process of investigation.
6. The Commission after hearing both sides denies disclosure of information to
the Appellant under Section 8(1)(j) and accordingly disposes off the appeal.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Assistant Registrar
Cc:
1. Mr. Bhagwan Sahai,
Retd. Mail Overseer,
Etah West Sub Division Etah,
R/o Village + Post – Phagnaul,
Etah, 207248.
2. The CPIO
Department of Posts,
O/o the Supdt of Post Offices,
Etah Division, Etah-207001.
3. The Appellate Authority,
Department of Posts,
O/o the Postmaster General,
Agra Circle. Agra-282001.
4. Officer in charge, NIC
5. Press E Group, CIC