Central Information Commission Room No.296, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi 110066 Telefax:01126180532 & 01126107254 websitecic.gov.in Appeal/Complaint: No. CIC/AD/C/2009/000961 Appellant /Complainant : Shri Subhash Chandra Tripathi, Ajamgarh Public Authority : Department of Post, Lucknow Date of Hearing : 02/07/2010 Date of Decision : 02 /07/2010 Facts
:
1. The appellant Shri Subhash Chandra Tripathi vide his RTI request dated
10.5.2009 sought information regarding action taken on his applications dated
17.12.2007 and 17.3.2008.
2. Not receiving a response from the CPIO the appellant preferred first appeal
dated 13.8.2009 which too was not adjudicated upon by the FAA.
3. Being aggrieved the appellant has come before the Commission in second
appeal. Accordingly through order dated 31.5.2010 the Commission directed CPIO to
show cause why penalty should not be imposed on him for not having replied to the
appellant within the time prescribed under the RTI Act.
4. The matter was heard today through video conferencing. Both parties did not
appear.
Decision
5. It is observed from the facts on record that the RTI application and the first
appeal were forwarded to Shri Parimal Sinha, Vigilance Officer, Office of Chief
Postmaster General on 15.5.2009 and 28.8.2009 respectively under intimation to the
appellant. Both forwarding letters clearly state that the application made by the
appellant is under the RTI Act. The RTI application has been transferred under
Section 5(4) & (5). The Commission observes that in spite of being provided an
opportunity of being heard in person the CPIO Vigilance, Office of Chief Postmaster
General, UP Circle, Lucknow has not appeared before the Commission to make his
submission. In pursuance of the provision of Sec. 18 and 20 the Commission orders
penalizing of the CPIO, Vigilance, O/O CPMG, Lucknow for Rs. 25,000/ which is the
maximum penalty under the Act. The CPMG is directed to recover the amount of Rs.
25,000/ from the salary of the CPIO and remit the same by a demand draft or a
Banker’s cheque in the name of the Pay & Accounts Officer, CAT, payable at New
Delhi and send the same to Shri Pankaj K.P. Shreyaskar, Joint Registrar and Deputy
Secretary of the Central Information Commission, 2nd. Floor, August Kranti Bhawan,
New Delhi110066. The amount may be deducted at the rate of Rs.5000/ pm every
month from the salary of the CPIO and remitted by the 10th of every month starting
th
from August, 2010. The total amount of Rs. 25,000/ will be remitted by 10 of
December,2010.
(Smt. Deepak Sandhu)
Information Commissioner (DS)
Authenticated true copy:
(T.K.Mohapatra)
Under Secretary & Dy. Registrar
Copy to:
1. Sh. Subhash Chandra Tripathi,
615/25. Gayatri Nagar,
Lucknow21.
2. CPIO
Department of Post,
Office of the Chief Postmaster General,
UP Circle, 4, Hazratganj,
Lucknow.
3. The Appellate Authority,
Department of Post,
Office of the Chief Postmaster General,
UP Circle, 4, Hazratganj,
Lucknow.
4. Shri Pankaj K.P.Shreyaskar
Joint Registrar & Dy. Secretary,
Central Information Commission,
2nd. Floor,l August Kranti Bhawan,
New Delhi110066