Central Information Commission Judgements

Mr.Vishnu Bappaji Sarwade vs Dept. Of Posts, Osmanabad on 23 June, 2009

Central Information Commission
Mr.Vishnu Bappaji Sarwade vs Dept. Of Posts, Osmanabad on 23 June, 2009
             Central Information Commission
                                                          CIC/AD/A/2009/000618
                                                              Dated June 23, 2009

Name of the Applicant                  :   Mr.Vishnu Bappaji Sarwade

Name of the Public Authority           :   Dept. of Posts, Osmanabad

Background

1. The Applicant filed an RTI application dt.25.11.08 with the CPIO, DoP,
Osmanabad. He requested for the following information

i) Copy of report of Mr.B.M.Kamble

ii) Total excess wrongfully gained by Mr.D.B.Ghodke

iii) The recovery and credit of it to the Govt.

iv) The action taken, initiated or proposed against wrong doer involved in
the case.

v) Who is responsible for missing of record of the above case as per
inquiry.

The CPIO replied on 15.12.08 providing point wise information. Not satisfied
with the reply, the Applicant filed an appeal dt.6.1.09 with the Appellate
Authority stating that as per section 8(1)(h) there is no provision not to
provide the enquiry report. The Appellate Authority replied on 9.2.09
directing the CPIO to supply the information sought within a week on
collection of applicable fees excluding information needed for prosecution of
offenders which would be exempt u/s 8(1)(h). Aggrieved with the reply the
Applicant filed a second appeal dt.13.4.09 before CIC.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for June 23, 2009.

3. The CPIO authorized Mr. M.M. Patil, I.P. Osmanabad and the Appellate
Authority authorized Mr. H.N. Saste, ASP (HQ) to attend the hearing on their
behalf and were present at the hearing.

4. The Applicant was present during the hearing.
Decision

5. With regard to Point 1 of the Respondent’s reply dated 12.6.08, the
Commission advises the Appellant to provide the date and subject of the
report to the Respondent and the CPIO to provide the information by 20 July,
2009. With regard to Point 2, the Respondent submitted that no record is
avail able regarding custodian of Service Book as the preservation period of
invoices on which acknowledgement were taken are is 3 years old and hence
have been weeded out as per rules. The CPIO is directed by thr Commission
to furnish an affidavit stating that information about the custodian of the
Service Books is not available. With regard to Points 4,5 and 6 of the
Respondent’s reply dated 12.6.08, the Commission directs the CPIO to allow
inspection of files by the Appellant and to provide him with certified copies of
file notings, correspondence in respect of revision of his pension. All
information is to be provided by 20 July, 2009.

6. The appeal is disposed off.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G.Subramanian)
Asst. Registrar
Cc:

1. Mr.Vishnu Bappaji Sarwade
Mauli, Postal Colony
Osmanabad 413 501

2. Mr.Z.B.Maskar
The CPIO &
Supdt. of Post Offices
Department of Post
Osmanabad Division
Osmanabad 413 501

3. Mr.R.K.Jayabhaye
The Appellate Authority &
Director Postal Services
Department of Posts
O/o Post Master General
Aurangabad Region
Aurangabad 431 002

4. Officer in charge, NIC

5. Press E Group, CIC