5.12.09

Details of compensation paid in the DCDRF case should be intimated to the applicant

Shri Jyotinder Patel filed an RTI application dt.15.6.09 with the CPIO, DoP, Mumbai City West Division. He sought following information relating to GPO Vs Shobha Alimchandani.

i) To provide the names and designations of the officials who were involved in the above case causing deficiency of service.

ii) Total No. of hearings till the final order.

iii) Total remuneration to the defense advocate. Whether paid per appearance or consolidated.

iv) Was the award compensation paid to the complainant individually (what was individual amount paid by each person involved) or was it paid from a common pool.

Shri R.P.Vishwakarma, CPIO replied on 14.7.09 stating that information sought cannot be disclosed as per section 8(1)(j) of the RTI Act as the information is personal information, the disclosure of which has no relationship with any public activity and also it is not in a larger public interest. He further added that there is no case with his division like GPO Vs. Shobha Alimchandani.

Not satisfied with the reply, the Applicant filed an appeal dt.29.7.09 with the Appellate Authority (Copy not in file). Ms.Abha Singh, Appellate Authority replied on 27.8.09 directing the CPIO to supply the designation of the official at fault, causing deficiency in service, as sought against point 1 and to provide available information against points 2 to 4 . In compliance with the order, the CPIO furnished point wise information to the Applicant on 7.9.09. Not satisfied with the information, the Applicant filed a second appeal dt.12.9.09 before CIC stating that CPIO has not provided the information against point 4, about whether compensation was paid from the pocket of the individual or by the Public Authority. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for November 24, 2009. Shri Sanjay Deoram Kharat, SDI(I) representing CPIO & Appellate Authority represented the Public Authority. The Applicant was not present during the hearing.

Decision

The Respondent submitted that there was a CDRF Case No.205/2006 Shobha Rajan Alimchandani V/s. The Postmaster in Charge, Tardeo Post Office & the CPMG, GPO, Mumbai. Hence the reply given by the CPIO that there is no case with his division like GPO Vs. Shobha Alimchandani is absolutely correct. He added that as per Court judgment dt.29.4.09 wherein it was ordered to pay a compensation of Rs.8000/- jointly to the Appellant within 4 weeks, the compensation was paid to Smt. Shobha Alimchandani by the Department immediately to ensure that the Court orders are complied with. After payment of compensation, the Department had fixed the responsibility on the official at fault who failed to deliver the letter & disciplinary action has been initiated to recover the loss sustained by the Department. He added that it was the postman who was found to be at fault and since he could not pay Rs.8000/- the Department had paid the amount with the understanding that it would be recovered from the postman in monthly installments. The Commission after hearing the submission of the Respondent directs the CPIO to provide the detailed information against point 4 to the RTI application to the Appellant by 24.12.09. The Appellant is directed to submit a compliance report to the Commission by 31.12.09.
The appeal is disposed off accordingly.


CIC Decision No CIC/AD/A/2009/001348 dated November 24, 2009