Central Information Commission
CIC/AD/C/2009/000914
Dated December 11, 2009
Name of the Applicant : Shri Arun Kumar
Name of the Public Authority : Dept. of Posts, Biharsharif
Background
1. The Applicant filed an RTI application dt.15.6.09 with the PIO, DoP, Biharsharif
requesting for information against 20 points including photocopies of various
documents and also enquiry reports. On not receiving any reply, he filed an appeal
dt.4.8.09 with the Appellate Authority. On still not receiving any reply, he filed a
complaint dt.19.9.09 before CIC. The CIC vide its order dt.30.10.09 directed the PIO
to provide the information by 30.11.09 and to show cause in writing for the delay in
furnishing information, by 4.12.09.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for December 11, 2009.
3. Respondents were not present during the hearing.
4. The applicant was heard through audio.
Decision
5. The Supdt. of Post Offices, Nalanda Division, Biharsharif vide his rejoinder dt.20.11.09
submitted that complete information was provided on 20.11.09. He added that the
complainant Shri Arun Kumar and Shri Devanandan Prasad are brothers of Late
Anandi Kumar who had made some investment in NSCs at Rajgir Sub Post Office of
Nalanda Postal Division and nominated the Complainant’s children as nominees in the
investment. The Complainant’s children have already taken discharge of the
certificates after death of the investor and maturity of the certificates. According to
the Respondents, both the brothers are teasing them by asking several questions
again and again, seeking information under the Act and that the CPIO has replied to
their questions several times. The Complainant who was heard over the phone
submitted that incomplete information was provided and documents supplied were not
certified. He also added that some money was denied to them on the basis of fake
documents.
6. The Commission after hearing the submissions directs the CPIO to provide point wise
information to the Complainant along with certified copies of documents sought by
him, free of cost. The information and the copies of documents should reach the
Complainant by 11.1.2010 and the Complainant is directed to submit a compliance
report by 18.1.2010.
7. The Commission holds that information against an RTI application should be provided
within 30 days of its receipt after its transfer and that transfer has to be made within
5 days of its reciept and that any violation of these stipulated periods is a violation of
the law itself. Accordingly it was observed that the Complainant has not been
provided any information by the CPIO to his RTI request at any stage within the
prescribed time periods till the receipt of the Commission’s Order dt.30.10.09 by the
CPIO, thereby making the CPIO liable to penalty u/s 20(1) of the RTI Act.
8. Accordingly, a maximum penalty of Rs.25,000/- is imposed on the CPIO, Department
of Posts, Nalanda Division, Biharsharif to be recovered in 5 equal installments from the
CPIO. The Appellate Authority is directed to recover the amount of Rs.5,000/- each
month from the salary payable to CPIO, Department of Posts, Nalanda Division,
Biharsharif by way of Demand Draft drawn in favour of ‘PAO CAT’ in 5 equal monthly
installments. The first installment should reach the Commission by 10th February
2010 with subsequent installments reaching on 10th of every month and the last
installment should reach by 10th June 2010. The Demand Draft should be
addressed to Shri G.Subramanian, Under Secretary & Deputy Registrar,
Central Information Commission, Club Building, Old JNU Campus, New Delhi
110 067.
9. The complaint is disposed off with above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri Arun Kumar
S/o Late Garbhu Sab
Chhoti Milki
Rajgeer
Nalanda
2. The PIO
Department of Posts
O/o Supdt. of Post Offices
Nalanda Division
Bihar Sharif
3. The Appellate Authority
Department of Posts
Nalanda Division
Bihar Sharif
4. Officer incharge, NIC
5. Press E Group, CIC