Central Information Commission Judgements

Sh. G.D. Goyal vs Department Of Posts on 19 August, 2008

Central Information Commission
Sh. G.D. Goyal vs Department Of Posts on 19 August, 2008
               Central Information Commission
                            2nd Floor, August Kranti Bhawan,
                        Bhikaji Cama Place, New Delhi - 110 066
                                Website: www.cic.gov.in

                                                           Decision No.3096/IC(A)/2008
                                                            F. No.CIC/MA/A/2008/00908
                                                           Dated, the 19th August, 2008

Name of the Appellant:                  Sh. G.D. Goyal

Name of the Public Authority:           Department of Posts
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Facts

:

1. The appellant was heard on 18/8/2008.

2. The appellant stated that he has asked for information relating to the
expenses incurred by the respondent in conduct of an enquiry proceeding and
also payment of fee to the advocates for defending a case in the Court. The
CPIO has refused to furnish the information u/s 8(1)(j) of the Act, on the ground
that there is no public interest in disclosure of the information asked for by the
appellant.

3. The appellant alleged that the respondent has unduly spent huge amount
of money on account of payment made to the legal counselors and other
government officials, who claimed TA-DA.

Decision:

4. The expenses incurred by a public authority on matters pertaining to
dispute pending in the Court for adjudication cannot be treated under the
exemption category. With a view to ensure transparency in processing the case
for effective resolution of disputes between the parties the action taken including
the expenditure incurred on such matters should be put in public domain.
Accordingly denial of information u/s 8(1)(j) of the Act, is untenable. The CPIO
is, therefore, directed to provide the information on the basis of available records
within 15 working days from the date of issue of this decision.

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“If you don’t ask, you don’t get.” – Mahatma Gandhi

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5. The appellant should also be free to inspect the documents so as to
specify the desired information, which should be furnished to him as per the
provisions of the Act.

6. The appeal is thus disposed of.

Sd/-

(Prof. M.M. Ansari)
Central Information Commissioner ii

Authenticated true copy:

(M.C. Sharma)
Assistant Registrar

Name & address of Parties:

1. Sh. G.D. Goyal, Retd. Sub Postmaster, Factory Road, Rampura phul (BTI)

2. The CPIO & Supdt. of Post Offices, Department of Posts, Bathinda
Division, Bathinda – 151 005

3. Ms. Sukhwinder Kaur, Director of Postal Services & Appellate Authority,
Office of the Post Master General, Punjab Region, Chandigarh – 160 017.

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“All men by nature desire to know.” – Aristotle

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