Shri Devendra Prasad Singh filed an RTI application dt.12.1.09 with the PIO, DoP, Balia. He requested for proof of delivery of his speed post article sent on 12.11.08. The PIO replied on 3.2.09 requesting the Applicant to intimate the speed post No. to be able to track the article. The Applicant filed a complaint dt.7.5.09 before CIC reiterating his request for the information. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for November 25, 2009.
Shri Rajeshwar Yadav, IPO representing CPIO represented the Public Authority. The Applicant was not present during the hearing.
Decision
Shri Rajeshwar Yadav . CPIO cum Respondent submitted that the Appellant had requested vide RTI application dt.12.1.09 for proof of delivery of speed post article sent by him from Balia Post Office to Lucknow on 12.11.08. The CPIO replied on 3.2.09 requesting him to intimate the speed post No. to track the letter. The CPIO, meanwhile transferred the RTI application to the complaint section of the Post Office. On receipt of the speed post No from the Appellant on 11.2.09 , the CPIO wrote to Lucknow GPO on 12.2.09 requesting the CPIO Lucknow to inform the date of delivery. The Appellant on 7.5.09 once again reminded the CPIO who in turn on 23.6.09 reminded the CPIO Lucknow GPO to inform the date of delivery. The CPIO Lucknow GPO on 11.7.09 wrote back to Balia Post office to intimate to him the mode of dispatch i.e the bag in which it was sent. After this communication there was no response from the Appellant. The Respondent added that on receipt of CIC notice to appear for a hearing on 4.11.09, the Respondent contacted the Sr.Post Master, Balia HPO once again about the dispatch details and once again there was no response from him. The Respondent, Shri Yadav further stated that he personally looked into the matter and came to know from the tracking system that the speedpost article was sent from Balia SPC to Mhow RMS on 12.11.08 and from there it was dispatched to Lucknow GPO via Benaras. He was able to track the article till it reached Lucknow SPC. After that, it seems that the article was lost. He added that the Manager, SPC, Lucknow vide his letter dt.11.11.09 had informed him that no information can be provided since the records have been weeded out.
The Commission after hearing the submission of the Respondent directs the CPIO, GPO, DoP, Lucknow to provide the information about the delivery of the article to the Appellant in the event the records have not been weeded out. On the other hand, if the records has been weeded out, a copy of the rule regarding preservation of records along with proof of weeding out the same to be provided to the Appellant. The Commission holds the CPIO, Lucknow GPO as the deemed PIO u/s 5(5) and directs him to show cause why a penalty of Rs.250/- per day should not be levied on him for not responding to the RTI application even though he was informed on 12.2.09 itself to provide the information. The response to reach the Commission by 25.12.09.
CIC Decision No CIC/AD/C/2009/000823 dated 25.11.2009
