Central Information Commission
CIC/MA/A/2008/01375/AD
Dated November 19, 2008
Name of the Appellant : Mr. S.M. Warang,
P.A. Kolhapur,
City Head Office
Kolhapur - 416012
Name of Public Authority : Sr. Supdt of Post & CPIO
Deprtment of Post,
Kollhapur Division
Kolhapur - 416003.
Background
1. The RTI application was filed on 9.2.08. The Appellant requested for
the following information:
i) Total amount of misappropriation by Shri S.T.Ekal
ii) The dates of his (appellant) period at Parite S.O
iii) The percentage and formulation of the share
iv) The list of officials involved along with their period and share
amount.
The CPIO replied on 26.2.08 giving part of the information. With
regard to the list of officials involved with their period and share amount. The
CPIO denied disclosure of information under Sec.8 (1) (g) of the RTI Act.
The first appeal was filed on 5.3.08 in which the Appellant requested detailed
information against points 3 & 4 of his application. The Appellate Authority
replied on 9.4.08 upholding the decision of the CPIO. The second appeal was
filed before the CIC on 23.8.08.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner,
scheduled the hearing for 19th November 2008.
3. Mr.G.Sreenivasa Rao, Sr.Supdt. of Post Offices & CPIO, Mr.R.P.Gupta,
Director Postal Services & Appellate Authority represented the Public
Authority.
4. The Appellant was not present at the hearing.
Decision
5. The Respondents submitted that the fraud was committed by one
Mr.Ekal who was a Gramin Dak Sevak during the period 31.3.01 to
13.6.07. In order to recover the estimated amount of money which
was lost, 14 subsidiary offenders were identified for negligence in not
carrying out their duties and the penalty of recovery of loss was levied
on them as per provision of Rules 106, 107, 111 of the Postal manual
Volume – III. Besides filing a police complaint against the main culprit,
departmental proceedings under Rule 16 of CCS (CCA), Rules, 1965
were initiated against the subsidiary offenders to recover the loss from
them. Out of the 14 subsidiary offenders recovery in respect of 11 is
still in progress and the Appellant is amongst the other three who have
been charge-sheeted since they are unwilling to compensate the
Department’s share of loss.
6. The Respondents also submitted that the answers to questions 1,2,& 3
were give and information against 4 was not given since it relates to the list
of officials along with their period and share amount. The Respondents
argued that the disclosure of information regarding what is the share amount
of other officials will not serve any public interest and would result in
unwanted invasion of privacy of individual officials and also create animosity
between them and vitiate the working conditions in the office. The
Respondents also argued that disclosure of information would hamper the
disciplinary departmental action being conducted against 14 subsidiary
offenders. The Respondents further stated that since the matter is sub-
judice it would affect the judicial proceedings since the subsidiary offenders
may be summoned as witnesses to give evidence before the court.
7. The Commission holds that the disclosure of list of officials involved
along with share amount of fraud which they are expected to pay to the
Appellant will not serve any Larger Public Interest and the information would
also impede the progress of investigation & thereby prosecution of offenders.
The information is, therefore, exempted from disclosure under Sec.8(1)(g) &
8 (1)(h) of the RTI Act.
8. The Appeal is disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(K.G.Nair)
Designated Officer
Cc:
1. Mr. S.M. Warang,
P.A. Kolhapur,
City Head Office
Kolhapur – 416012
2. Mr. G. Sreenivasa Rao,
Sr. Supdt of Post & CPIO
Deprtment of Post, Kollhapur Division
Kolhapur – 416003.
3. Mr. R. P. Gupta,
Director Postal Services & FAA,
Department of Post,
O/o. the Postmaster General,
Goa Region, Panaji – 403001
4. Officer in charge, NIC
5. Press E Group, CIC