Central Information Commission
CIC/AD/A/2009/001207
Dated October 22, 2009
Name of the Applicant : Shri Chaturbhuj Gangai
Name of the Public Authority : Dept. of Posts, Balasore
Background
1. The Applicant filed an RTI application dt.8.4.09 with the CPIO, DoP, Balasore
requesting for information against 10 points related to the post quarters
supplied for Kuruda SO for the period 2003 to 2008 including proof of
occupation, floor area required for a single handed delivery SO SPM and rent
paid to the house owner of Kuruda SO etc. The CPIO replied on 7.5.09
denying the information u/s 8(1)(j). Not satisfied with the reply, the
Applicant filed an appeal dt.1.6.09 with the Appellate Authority stating that
denial u/s 8(1)(j) is not applicable in this case. The Appellate Authority
replied on 15.7.09 directing the CPIO to provide information against all the
points raised in the RTI application within 15 days. In compliance with the
Apppellate Authority’s order the CPIO provided information on 29.7.09. Not
satisfied with the reply, the Applicant filed a second appeal dt.11.8.09 before
the CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing for October 22, 2009.
3. Shri Golak Chandra Mohanty, CPIO and Shri Pradeep Kumar Lenka CAPIO
represented the Public Authority
4. The Applicant was represented by Shri Bhagirathi Das
Decision
5. The Respondent stated that he has joined as CPIO recently and that his
predecessor who is now in Puri has denied the information u/s 8(1)(j). He
admitted that the electricity was disconnected from 29.9.03 to 20.3.06 and
that a new meter was installed on 21.3.06 after a sum of Rs. Rs.5000 was
deposited on 9.3.06. He also admitted that a sum of Rs.140/- per month was
deducted from the then SPMs Shri Purna Chandra Biswal from 1.3.03 to
31.3.04 and from Shri Sankarsan Singh from 1.4.04 to 31.12.04. No
deductions were made from 1.1.05. The Appellant stated that amount has
been recovered illegally from them and demanded refund of the amount. He
also stated that information provided against point 6 is not correct. Some
information related to the refund of money was also handed over to the
Appellant during the hearing.
6. The Commission, after hearing the arguments, directs the CPIO to provide
information against points ix of the RTI application to the Applicant and also
recommends that the CPIO expedite the refund of recovery effected from two
sub post Masters. With regard to points 2 and 3 of the reply dated 29.7.09,
the Commission directs the CPIO to allow the Appellant inspection of the
relevant 4 files, viz, personal files of Shri Purna Chandra Biswal and Shri
Sankarsan Singh, electricity file, Kuruda building file and the Union file.
The entire exercise should be over by 30.11.09
7. The Commission also directs the CPIO, DoP, Puri to show cause as to why a
penalty of Rs.250/- per day (Rs.25000) should not be levied on him for
denying the information u/s 8(1)(j). The response should reach the
Commission by 15.11.09.
8. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Assistant Registrar
Cc:
1. Shri Chaturbhuj Gangai
Sub Post Master
Kuruda SO
Balasore 756 056
2. The CPIO
Department of Posts
O/o Sr. Supdt. of Post Offices
Puri Division
Puri 752 001
3. The CPIO
Department of Posts
O/o Sr. Supdt of Post Offices
Balasore Division
Balasore 756 001
4. The Appellate Authority
Department of Posts
O/o Chief Post Master General
Orisa Circle
Bhubaneswar 751 001
5. Officer in charge, NIC
6. Press E Group, CIC