Central Information Commission
CIC/AD/A/2009/000607
Dated August 6, 2009
Name of the Applicant : Shri Triloki Prasad Yadav
Name of the Public Authority : Dept. of Posts, Bahraich
Background
1. The Applicant filed an RTI application dt.15.12.08 with the CPIO, DoP,
Bahraich. He requested for photo copies of letters written by his wife Mrs.
Arti Yadav and her father Mr. Ram Shankar Yadav and replies to those letters
written in connection with encashment of Kisan Vikas Patras in the name of
Mrs. Arti Yadav amounting Rs.1 lakh. The CPIO replied on 14.1.09 stating
that the information is exempt from disclosure u/s 8(1)(e) and (j) of the RTI
Act. Not satisfied with the reply, the Applicant filed an appeal dt.20.1.09 with
the Appellate Authority reiterating his request for the information. On not
receiving any reply, he filed an appeal dt.2.4.09 before the CIC. The AA
replied on 28.4.09 upholding the decision of CPIO.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for August 6, 2009.
3. Mr. Peer Mohd. Khan, Supdt. of Posts cum CPIO and Mr. S.P. Pandey, Asstt.
Supdt. Post represented the Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. The Respondent submitted that there is an on going dispute between the
Appellant and his Ms. Arti Yadav and that since they have been living
separately, Ms. Arti Yadav has been considered as a third party and
information was denied to the husband, the Appellant. The Commission
accordingly directs the CPIO to write to the third party (the wife) under
Section 11(i) of the RTI Act inviting her submission with regard to disclosure
of information to the Appellant and based on the reply to take a decision on
its disclosure as per provisions of Section 11 of the RTI Act. This process is
to be completed by 1st September, 2009.
6. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Asst. Registrar
Cc:
1. Shri Triloki Prasad Yadav
Village – Rajapur
PO – Ekona
Shrawasti 271 845
Uttar Pradesh
2. The CPIO &
Supdt. of Post Offices
Department of Posts
Bahraich Division
Bahraich 271 801
3. The Appellate Authority
Department of Posts
O/o Post Master General
Gorakhpur Region
Gorakhpur
4. Officer incharge, NIC
5. Press E Group, CIC