Thursday, 20 November 2014

First Appeal and FAA order - Department of Posts

Not getting information from CPIO to RTI application dtd. 03/09/2014, a first appeal before First Appellate Authority was filed on 23/10/2014. The content of the same are reproduced.

Sub: First appeal against RTI application dated 03/09/2014 in respect of Speed Post Docket No. ED342229883IN                                                                   

Ref. 1. CPIO/Supdt. Of Post Offices, New Delhi Central Division, New Delhi-110 001
        2. CPIO/Sr. Supdt of Post, Delhi East Division, Delhi-110 051

Dear Sir,
            I have sought information under RTI Act 2005 vide my application dated 03/09/2014 (copy attached). CPIO as referred at S.No. 1 above vide his Letter No. RTI/NDCD/273/14-15 dated 29/09/2014 (copy attached) has responded w.r.t Point No. (a) of RTI Application. However, for Point Nos. (b) to (e) of my RTI application, CPIO further stated in his response that the matter pertains to the Sr. Superintendent of Post Office, New Delhi, East Division, New Delhi – 110 051 for which the application was transferred to the concerned CPIO vide Letter No. RTI/NDCD/273/14-15 dated 15/09/2014.
            CPIO, East Division vide his Letter No. CR-3/RTI-269/2014 dated 14/10/2014 (copy attached) has responded pretending to have supplied information for Point No. (b) to (e) of RTI Application dated 03/09/2014. However, it is better to be pretended than supplying as:-
1.      There is no relation to the statement of CPIO, East Division what has been stated in his response to what has been sought at Point No. (b) to (e).
2.      I have categorically requested for the photocopies of listing of the articles to be delivered on 27/08/2014 (Point b and c) by the said Post Man. No information about the name of the Post Man (as per point b) has been given. Similarly, no information as per point d and e has been given. Avoiding reference to the date of 27/08/2014 seems to be intentional. The information pertaining to the date 27/08/2014 is crucial to the subject of RTI application and has been sought categorically. Similarly all the documents pertaining to 27/08/2014 and the name of the postman is crucial part of the information being sought.  Please also supply me the photocopies of the information that has been stated to be received by CPIO, East Division from the SPM, Krishna Nagar, HPO as the intentional suppression of crucial information is not being ruled out. This document is in addition to whatever the documents I have requested at Point No. (b), (c), (d) and (e) as CPIO, East Division has stated reference of SPM, Krishna Nagar, HPO in the above letter dated 14/10/2014.
3.      Please supply me the photocopy of all the documents as requested by me vide RTI Act in respect of Point No. (b), (c), (d) and (e). It may please be noted that the said CPIO, East Division have failed to supply me the information within 30 days of receiving RTI Application. Hence, no additional fee is payable towards photocopy charges as per the provision of RTI Act 2005.
4.      First Appellate Authority is requested to kindly arrange for release of information and documents as sought by me under RTI Act 2005. Since the information has been intentionally avoided due to some malafide intention,  please supply me the complete file notings in connection with the said RTI Application. The information and documents as sought under the RTI Act may be supplied to me by Speed Post at the following address.

FAA order:

"    " Shri S.K.Virmani ............................... filed an RTI application dated 03.09.2014 to the CPIO/SSPOs, New Delhi Central Dn, New Delhi-110001 and sought information on 01(a, b, c, d & e) and 02 points regarding speed post article No. ED342229883IN dispatched from Indraprastha HPO addressed to Bombay Fashion.

The CPIO/SSPOs, New Delhi Central Dn, New Delhi-110001 forwarded the copy of RTI application to the CPIO/SSPOs, Delhi East Dn, Delhi-110051 to provide the information to the appellant on point no.1 (b,c,d & e) on 15.09.2014 and has provided the information to the appellant on point no.1 (a) vide letter no. RTI/NDCD/273/14-15 on 29.09.2014.

The CPIO/SSPOs, Delhi East Dn, Delhi-110051 has provided the information to the appellant vide letter no. CR-3/RTI-269/2014 dated 14.10.2014 that the SPA no. ED342229883IN was received on 26.08.2014 as misspent and dispatched to AMPC New Delhi-110037 on 28.08.2014.

Sh. S.K. Virmani preferred present appeal dated 23.10.2014 and appeals that; there is no relation between the statement of CPIO/SSPOs, East Dn and what he has sought for in point no 1 (b) to (e). And he has requested for photocopies of all the documents sought in his RTI application in respect of point no (b) to (e). As the information has been provided to him after the stipulated time, hence no additional fee is payable towards photocopy charges as per the provisions of RTI Act 2005.

The Undersigned has examined the initial RTI application and both the CPIOs reply and present appeal and is of the view that, the CPIO has not provided the available information to the appellant. Hence, the CPIO/SSPOs, Delhi East Dn, Delhi-110051 is directed to re-examine the case and provide the information sought for and documents to the appellant within a fortnight positively.

Appeal is accordingly disposed off.

Second appeal in the case lies before the Central Information Commission, Block No. IV (5th Floor) Old JNU Campus, New Delhi-110067 within a period of 90 days of receipt 

Next Post: CPIO Response to FAA order

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