2021 Supreme(Online)(CIC) 9047
केኚरीयसचू नाआयोग Central Information Commission बाबागंगनाथमागग,मुननरका
Baba Gangnath Marg, Munirka नईनिल्ली, New Delhi – 110067 ्षितीयअपीलसंख्या / Second Appeal No.:- CIC/POSTS/A/2020/104468-UM Mr.F Rubin Fernando ….अपीलकताा/Appellant VERSUS बनाम CPIO, O/o Postmaster General Department of Posts Andaman and Nicobar Islands, Port Blair- 744101 ्ቚ्षतवादीगण /Respondent Date of Hearing : 01.09.2021 Date of Decision : 02.09.2021 ate of RTI application 03.10.2019 CPIO’s response 30.10.2019/ 27.12.2019 Date of the First Appeal 27.11.2019 First Appellate Authority’s response 27.12.2019 Date of diarized receipt of Appeal by the Commission D 27.01.2020
O R D E R
FACTS The Appellant vide his RTI application sought information on 03 points, as under:-
1. Certified copy of the order of the competent authority through which the service of Money Order has been withdrawan from the A & N Islands.
2. Certified copy of orders through which the Money Order service has been withdrawan in other Union Territories / States.
3. Certified copy of last money order delivered successfully to the recipients from Port Blair to other place.
The CPIO vide letter dated 30.10.2019, furnished a reply to the Appellant, as under:-
The CPIO & ASPO (HQ) vide letter dated 27.12.2019 furnished a reply to the Appellant, which is as under:-
Dissatisfied with the reply received from the PIO, the Appellant filed a First Appeal. The FAA vide order dated27.12.2019, directed the CPIO to furnish the copies of the order in the possession as asked in item No. 1, 2 & 3 of RTI as applicable. Thereafter, the Appellant filed a Second Appeal before the Commission with a request to provide the information.
HEARING:
Facts emerging during the hearing:
The following were present:
Appellant: Absent Respondent: Mr Chandan Kumar, ASP Head Quarters, Present through AC The Appellant remained absent during the hearing. Inspite of all the efforts of the Commission the Appellant could not be connected. When asked by the Commission about point no 2 &3 the Respondent informed that no information is available on their record.
DECISION:
Keeping in view the facts of the case and the submissions made by the Respondent, the Commission directs the CPIO to re-examine the application and furnish a revised reply to the Appellant strictly in accordance with the spirit of transparency and accountability as enshrined in the RTI Act, 2005 within a period of 21 days from the date of receipt of this order under the intimation to the Commission.
Further in case the Respondent is not able to find the information then the Commission directs the current CPIO to furnish an affidavit to the Appellant under intimation to the commission, explaining the factual position regarding the reasons for the non-availability of the information as sought in the RTI Application within a period of 21 days from the date of receipt of this order. Further no intervention is required by the Commission is required in the matter.
The Appeal stands disposed accordingly.
(Uday Mahurkar) (उदय माहूरकर (Information Commissioner) (सचू ना आयु
Authenticated true copy (अ्षि्ቚमा्षणत एवं सत्या्षपत ्ቚ्षत) (R. K. Rao) (आर.के. राव)
(Dy. Registrar) (उप-पंजीयक)
011-26182598 ्षदनांक / Date: 02.09.2021