Central Information Commission
CIC/AD/A/09/00067
Dated February 11, 2009
Name of the Appellant : Mr.K.Sasisekharan Nair
Name of the Public Authority : Dept. of Post, Trivandrum
Background
1. The Appellant filed an RTI request dt.12.8.08 with the CPIO, Dept. of Post,
Trivandrum. He requested for the following information:
i) Copy of the reply statement and additional reply statement(s) filed by
the respondent Dept. in the OA filed by Shri L.K.Gangadharan, SPOs, TVM,
South Dn in the CAT Ernakulam Bench praying inter alia to quash the charge
sheet issued to him under Rule 14 of the CCS (CCA) Rules 1965
ii) A list of the daily cash balance of the GPO, Trivandrum for the period
from 1.6.2003 to 31.2.2006.
The CPIO replied on 21.8.08 stating that Dept. has not filed any additional
reply statement. He also added that regarding the supply of copy of the reply
statement, no larger public interest warrants the disclosure of the information
and is rejected as per Section 8(1)(j) of the RTI Act. With regard to point (ii),
he stated that Appellant is permitted to inspect the relevant cashbook of
Trivandrum GPO from 1.6.03 to 31.12.06 and taken down the information
required. The Appellant filed an appeal dt.15.9.08 with the Appellate
Authority stating that Shri L.K.Gangadharan is a charge witness in the
disciplinary case against the Appellant. Hence the Appellant is very much
concerned about the stand of the dept. in the OA filed by Shri.Gangadhar
challenging the charges leveled against him. If the stand taken by the
respondent department in the reply/additional reply is not correct, Appellant
has got every right to supplement the same by impleading himself as a
respondent in the said OA. The Appellate Authority replied on 6.10.08
upholding the decision of the CPIO. The Appellant filed a second appeal
dt.4.11.08 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing on February 11, 2009.
3. Mr.R.Joseph Rahul, Sr. Supdt. of Post Offices represented the Public
Authority.
4. The Appellant was not present during the hearing.
Decision
5. The respondent submitted that the appellant along with one Mr.Gangadharan
were charge sheeted for some misconduct and a case was filed by
Mr.Gangadharan in CAT, Ernakulam Bench in this regard. According to the
respondent, both the Appellant and Mr.Gangadharan were allegedly involved
in the same crime and the appellant is requesting for reply statement and
additional reply statement filed by the Dept. in the OA filed by
Mr.Gangadharan. The respondent’s contention is that the reply statement
and additional reply statement relate to two issues i) quashing of the charge
sheet against Mr.Gangadharan and ii) restoration of Mr. Gangadharan’s
promotion to Group A post . The Appellant maintained that the Appellant is in
no way connected with the issues raised by Mr.Gangadharan and that the
information is of no relevance to any public activity or interest. The
information was accordingly denied under Section 8(1)(j) of the RTI Act.
4. Since the reply statement and the additional reply statement filed by the
respondent department relate to 2 personal issues of Mr.Gangadharan
namely, quashing of the chargesheet (issued to Mr. Gangadharan) and him
(Mr. Gangadharan) being considered for adhoc promotion to Group A, the
Commission is of the opinion that the disclosure of this information to the
appellant has no relationship with any public activity or interest and
accordingly denies this information to the appellant. With regard to point (ii)
of the RTI request, the respondent submitted that the Appellant was allowed
to inspect the records and was provided with certified copies of documents
required.
7. The appeal is disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(K.G.Nair)
Designated Officer
Cc:
1. Mr.K.Sasisekharan Nair
Sr. Supdt. Railway Mail Service
Trivandrum Division (Retd.)
Krishna Vilas, Opp Post Office
Malayinkil PO
Trivandrum 695 571
2. The CPIO &
Director Postal Services (HQ)
Department of Post
O/o Chief Post Master General
Kerala Postal Circle
Trivandrum 695 033
3. The Appellate Authority &
The Chief Post Master General
Department of Post
O/o Chief Post Master General
Kerala Postal Circle
Trivandrum 695 033
4. Officer in charge, NIC
5. Press E Group, CIC