Central Information Commission
CIC/PB/A/2008/01243/AD
Dated October 7, 2008
Name of the Appellant : Prof. Dr. Gopal Krishna
H.No. Sector 55
Near SHO Station
Faridabad
Haryana - 121004
Name of Public Authority : Dept. Of Posts , India
Faridabad Division
Faridabad - 121001
Background
1. The Appellant filed an RTI application on 7.3.08 seeking information from
the post office about his two MIS individual Accounts which the Post
Office declared as Hindu Undivided Family ( HUF ) Accounts and illegal.
The Appellant submitted that HUF was added later on the documents
without his knowledge. The monthly interest on the Accounts was stopped
with effect from May 2006. In his application, the Appellant wanted the
PO to prove that his Accounts are HUF by providing certain documents as
evidence. He also requested for clarification on matters related to
investments against HUF. In his response dated 4.4.08, the CPIO
informed him that since his case was subjudicious in the State Consumers
Redressal Commission in Panchkula, his office was not in a position to
provide any information. The Appellant preferred an appeal before the
First Appellate Authority on 2.6.08, who, in his Order dated 19.6.08,
concurred with the CPIO’s decision. The second appeal was filed before
CIC on 23.7.08
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, held the
hearing of the matter on October 6, 2008.
3. The Appellant came late for the hearing.
4. Mr. B.K. Malik, SPO and CPIO and Dr. Amarpreet Duggal, DPS & Appellate
Authority represented the Public Authority. Mr. Jawahar Singh, O.A.
Gurgaon Division, Mr. S.K. Bharadwaj, ASPOS and Mr. Chander Kailash
were also present from the Public Authority.
Decision
5. The Respondents submitted that Dr. Gopal Krishna had opened an HUF
Account illegally and that they had the original document to prove this.
They stated that all efforts are being made to rectify the mistake made
by Dr. Gopal Krishna. They said that only the Ministry of Finance is in a
position to regularize the Account. The Respondents also stated that the
Appellant had himself admitted that he had opened an HUF Account in
one of the letters he wrote to the Deputy Supdt.of Post Office, Faridabad.
The Appellant submitted that he had not opened an HUF Account and
that HUF was added later. He said that even if for a moment one were to
believe that he opened an HUF Account illegally, was it not the duty of
the Post Office to stop him? He said that the affidavit given by the Post
Office about the HUF status of his Accounts to the District Consumers
Redressal Forum was false and that his letter to the Deputy Supdt. was
also interpreted wrongly. He wanted the Post Office to prove the HUF
status of his Accounts by producing copies of relevant documents
available in their files. The Respondents stated that there are no rules
under which collection of such documents has been made mandatory for
Post Offices and that they do not have the supporting documents as
sought by the Appellant.
6. The Commission noted that the case is subjudice with the State
Consumers Redressal Commission and believes that the matter will reach
a logical conclusion.
7. The Commission holds that the onus of proving that the Appellant’s
Accounts are HUF lies with the Post Office since it is the custodian of all
related documents. However, since the Post Office has stated that they
do not possess any supporting documents (as sought by the Appellant in
his RTI request) to substantiate their submission, the CPIO is directed
to provide to the Appellant an Affidavit duly signed by him, declaring
that the Post Office does not possess any of the above mentioned
documents because they were not required at the time of the
Appellant’s opening his two Accounts. The affidavit to be submitted
within 10 days of receiving this Order.
8. The CPIO is also directed to provide a copy of the legal procedures for
opening an HUF Account, as laid down by the Ministry of Finance,
Government of India, to the Appellant, along with the Affidavit, free of
cost.
9. The appeal is disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(K.G.Nair)
Designated Officer
Cc:
1. Prof. Dr. Gopal Krishna, H.No. 790, Sector 55, Near SHO Station,
Faridabad. Haryana-121004
2. Superintendant , Post Offices & CPIO, Faridabad Division, Faridabad
121001
3. Mr. Amarpreet Duggal, Director, Postal Services & Appellate Authority,
Gurgaon-122001
4. Officer-in-charge, NIC
5. Press E Group