Central Information Commission Judgements

Ms. Niru M Patel vs Department Of Posts, Mumbai. on 30 September, 2009

Central Information Commission
Ms. Niru M Patel vs Department Of Posts, Mumbai. on 30 September, 2009
              Central Information Commission
                                                          CIC/AD/A/2009/001062

                                                        Dated 30 September, 2009

Name of the Applicant                    :     Ms. Niru M Patel

Name of the Public Authority             :     Department of Posts, Mumbai.

Background

1. The Applicant filed her RTI application on 11.04.09 with the CPIO, Department
of Posts, Mumbai requesting for information against 5 points including copies
of tender notices, details of terms and conditions, report of PRIP etc. The PIO
replied on 07.04 .09 giving point wise information and enclosing required
documents. Not satisfied with the reply, the Applicant filed her First appeal on
14.05.09 commenting on each of the point wise replies furnished by the CPIO
and requesting for correct information. The First Appellant Authority replied on
17.06.09 stating that the CPIO can only provide information which is available
with him and upheld the decision of the CPIO. Being aggrieved with this
reply, the Applicant filed her Second appeal before the CIC on 09.07.09
requesting for the information and seeking strong action against the CPIO for
not providing the correct information.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing on 30 September, 2009.

3. Mr. Hande Baban Gajanan, Sr. Supdt & CPIO represented the Public Authority.

4. The Applicant’s representative Mr. Mukesh M. Patel was present during the
hearing.

Decision

5. The Commission reviewed the information provided and decides as follows:

a) against point 2 of the RTI request, inspection of relevant files by the
Appellant to be allowed , in the light of the Appellant’s complaint that the
information provided by the CPIO and the Appellant Authority do not
match with each other. Certified copies of documents required by the
Appellant to be provided.

b) With regard point 4, the Commission observed that the Appellant’s
contention that complaints by senior citizens were referred to by the
Minister for Communications, Mr. Arun Shourie in 2003 is factually
incorrect as the letter which was produced before the Commission contains
no such reference.

c) With regard to point 5 Goregaon CD files to be located and required
information to be provided. In the event the said files are missing, the
CPIO to inquire into the existence of such files, the officials responsible for
their maintenance and loss and send the enquiry report to the Appellant
with a copy to the Commission. All information to be provided by
25.10.09.

6. The appeal is accordingly disposed of.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G. Subramanian)
Assistant Registrar

Cc:

1. Ms. Niru M Patel,
Maneesh Enterprises Magan Villa,
100, Jawahar Nagar,
B.M. Patel Road,
Goregaon (W),
Mumbai-400104.

2. The CPIO
Department of Posts,
O/o The Postmaster General,
Mumbai Region,
Mumbai-400001.

3. The Appellate Authority
Department of Posts,
Director of Postal Services,
O/o the CPMG, Mumbai Region,
GPO, Mumbai-400001.

4. Officer in charge, NIC

5. Press E Group, CIC