Central Information Commission Judgements

Mr.S.K.Abdul Rahman vs Dept. Of Post, Gudur on 17 April, 2009

Central Information Commission
Mr.S.K.Abdul Rahman vs Dept. Of Post, Gudur on 17 April, 2009
             Central Information Commission
                                                              CIC/AD/A/09/00293

                                                               Dated April 17, 2009

Name of the Applicant                 : Mr.S.K.Abdul Rahman

Name of the Public Authority          : Dept. of Post, Gudur

Background

1. The Applicant filed his RTI application dt.4.10.08 with the CPIO, DoP, Gudur.

He stated that he had sent a complaint letter dt.18.6.05 addressed to SPOs,
Gudur regarding non-receipt of acknowledgements relating to Registered /
Speed post articles during the year 2003 – 2 Nos, 2004- 5 Nos, 2005 – 5 Nos.
In response the SPOs, Gudur has returned 7 copies of receipts against ’11’ as
per clause 81(iii) of P.O Guide part-1, 1985 (EDN) and stated that action is
being taken against ‘4’ nos. of speed post articles and that he would be
informed shortly. Again the applicant made a complaint on 12.7.07 under
RTI. He wanted to be informed about the suitable reply against the clauses
mentioned by the SPOs in his letters dt.27.6.05, 2.2.06 and 6.8.07 which are
contrary to each other and to know about the action is being taken against his
compliant according to postal clause which is in force as on the date of his
complaint and also to intimate the meaning or definition of ‘shortly’ in the
SPOs opinion or Postal Department Rules / PO Guide Rules. The CPIO replied
on 3.11.08 stating that clauses mentioned in the letters are not contrary as
stipulated time for preferring complaints is different for registered articles and
speed post articles. As the Applicant has not preferred the claims within the
stipulated time, his request was treated as time barred. Not satisfied with the
reply, the Applicant filed an appeal dt.8.11.08 with the Appellate Authority.
The Appellate Authority replied on 3.12.08 rejecting the appeal. The
Applicant filed a second appeal dt.27.1.09 before the CIC.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for April 17, 2009.

3. Mr.S.Ramamurthy, SSPOs represented the Public Authority.

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

5. The Respondent submitted that as per the postal rules, the preservation
period of speed post articles is 30 days as the track and trace system works
for that period and that of the registered letters is one and a half years. He
added that the information sought by the Appellant cannot be provided since
as per the rules for preservation of records, the information has been weeded
out since all the information sought is more than one and half years old. He
also stated that complaints in respect of domestic speed post articles are
entertained if they are received within 30 days from the date of booking.

6. Since no information is available with the Public Authority, the appeal is
accordingly disposed off.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G.Subramanian)
Asst. Registrar

Cc:

1. Mr.S.K.Abdul Rahman
H.No.5-165, Bazar Street
Rapur 1

2. The CPIO &
Supdt. of Post Offices
Department of Post
Gudur Division
Gudur 524 101

3. Mr.J.T.Venkateswarlu
The Appellate Authority &
Director Postal Services
Department of Post
O/o Post Master General
Vijayawada 520 010

4. Officer in charge, NIC

5. Press E Group, CIC