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2024 Supreme(Online)(CIC) 5421

CENTRAL INFORMATION COMMISSION
ANANDI RAMALINGAM, J
DENNY JOY – Appellant
Versus
Department of Posts – Respondent
CIC/POSTS/A/2023/118773



Public authorities must provide complete and accurate information under the RTI Act, ensuring transparency and accountability.

Headnote:(A) Right to Information Act, 2005 - The Appellant filed an RTI application seeking information regarding a registered post delivered to a specific address. The CPIO's response was deemed incomplete, leading to a First Appeal and subsequent Second Appeal to the Commission. The Commission directed the Respondent to provide a revised point-wise reply within 15 days. (Paras 1-8)

(B) Transparency and Accountability - The RTI Act mandates that information must be provided unless specific exemptions apply, ensuring accountability in public authorities. (Paras 1-8)

Facts of the case:
The Appellant sought information on a registered post delivered to their address, questioning the delivery process and the information provided by the CPIO.

Findings of Court:
The Commission found the initial response inadequate and ordered a revised reply to be provided to the Appellant.

Issues: The main issues included the completeness of the information provided by the CPIO and the obligations under the RTI Act.

Ratio Decidendi: The court emphasized the necessity for public authorities to provide complete and accurate information as mandated by the RTI Act, ensuring transparency and accountability.

Result: Appeal disposed of with directions to provide revised information.

O R D E R

1. The Appellant filed an RTI application dated 11.11.2022 seeking information on the following points:

(i) Was any registered post bearing my house no 18-13-9/48/4 delivered on 1/11/2022 by post office Keshogiri (ii) If delivered what was name, address and mobile number of the recipient of regd letter as per delivery address of regd post (iii) Who was sender of that regd post and intimate their name, address and contact number for sending a registered post not addressed to me on my house number.

(iv) Can a registered post be delivered on a address other than delivery address by confirming on mobile number mentioned in registered letter although delivery address is different?

(v) Should not the registered post which has no recipient at delivery address be returned to sender or handed over to anybody claiming that regd post to be his …, etc./ other related information

2. The CPIO replied vide letter dated 08.12.2022 and the same is reproduced as under :-

(i) Post Offices do not maintain any address specific register. Hence, the information cannot be provided. You are requested to provide us with the Register Post number to obtain Delivery status of article.

(ii) Does not arise. (iii) Does not arise.

(iv) For rules on Delivery of Register Post article you are requested to go through the following link https://www.indiapost.gov.in/VAS/DOP_PDFFiles/PO_Guide_Part-1.pdf (v) For rules on Delivery of Register Post article you are requested to go through the following link https://www.indiapost.gov.in/VAS/DOP_PDFFiles/PO_Guide_Part-1.pdf etc.

3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 02.01.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 14.02.2023 upheld the reply given by the CPIO.

4. Aggrieved with the FAA’s order, the Appellant approached the Commission with the instant Second Appeal dated 25.04.2023.

5. The appellant and on behalf of the respondent Ms. Hemavathi, SSPO attended the hearing through video conference.

6. The appellant inter alia submitted that incomplete information has been provided by the Respondent.

7. The respondent while defending their case inter alia submitted that a point wise suitable reply as per the provisions of the RTI Act has been furnished to the Appellant.

8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, directs the Respondent to re-examine and provide a point-wise revised reply, claiming the accurate exemptions, if required, as per the RTI Act 2005. The said reply should be sent to the Appellant within 15 days of the receipt of this order, under intimation to the Commission. Accordingly, the appeal is disposed of.

Copy of the decision be provided free of cost to the parties.

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