2025 Supreme(Online)(CIC) 4084
CENTRAL INFORMATION COMMISSION
Anandi Ramalingam, IC
Ashim Mukherjee – Appellant
Versus
CPIO: Department of Post, Bankura, W. B. – Respondent
Second Appeal No. CIC/POSTS/A/2024/129452
For the Appellants/Petitioners: Ashim Mukherjee
For the Respondents: Mr. Tapas Roy
The Commission ruled that the information request was partially fulfilled, emphasizing the importance of data maintenance per RTI standards.
Headnote:Statute Analysis: Under the RTI Act, the Appellant filed an application on 07.06.2024 seeking information regarding the monthly subscription details of union members for a specified period. Facts of the Case: The CPIO provided partial information, and the Appellant claimed it was incomplete.
Findings of Court:
The Commission observed that the sought information remained within the retention period but was not traceable for some months.
Issues: The crux is whether the CPIO provided comprehensive information.
Ratio Decidendi: The court reasoned that despite the data retention claims, key information was unavailable, mandating the respondent to affirm this in an affidavit.
Result: The appeal is disposed of.
| Table of Content |
|---|
| 1. seeking information under rti regarding union subscription. (Para 1 , 2) |
| 2. appeal due to incomplete information provision. (Para 3 , 4) |
| 3. discussion on the inability to trace certain records. (Para 5 , 6) |
| 4. affidavit required from the respondent affirming information status. (Para 7 , 8) |
Hon’ble Commissioner _ANANDI RAMALINGAM O R D E R
1. The Appellant filed an RTI application dated 07.06.2024 seeking information on the following points:
1. Kindly intimate the month wise amount and name of the official who received the monthly subscription of the member of All India Postal Employees Union Gr. C, Bankura Dn. and All India Postal Employees Union Postman & MTS Bankura Dn for the period April-2022 to February-2024.
2. Kindly supply the copy of the same.
2. The CPIO replied vide letter dated 09.07.2024 and the same is reproduced as under :-
“With reference to your application Ref. No. NIL dated 07/06/2024, it is requested to deposit Rs. 16/- (total eight pages @ Rs. 2/- per page) for providing the information.”
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 23.07.2024 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 08.08.2024 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 07.09.2024.
5. The appellant appeared through video conference and on behalf of the respondent Mr. Tapas Roy, Assistant Superintendent of Posts, attended the hearing through video conference.
6. The appellant inter alia submitted that he sought copy of the month wise amount and names of the officials who received monthly subscription of the member of All India Postal Employees Union Gr.-C for the period of April, 2022 to February, 2024 but the respondent has not provided the same.
7. The respondent while defending their case inter alia submitted that A-roll for the period of April, 2022 to June, 2023 is not traceable and upon payment of the prescribed fee, the appellant was provided with A-roll for the period of July, 2023 to February, 2024. Written submission dated 15.09.2025 filed by the respondent is taken on record and relevant portion of the same is reproduced below:
“8. Representation of respondent regarding the CIC Case On receipt of the notice of hearing on 08.09.2025 from Hon'ble CIC vide no. CIC/POSTS/A/2024/129452 dated 26.08.2025, communication was made to Senior Postmaster, Bankura Head Post Office, Bankura who is the custodian of preserving A-roll of Service Association, to search out the A-roll for the period April-2022 to June-2023. But, Sr. Postmaster, Bankura H.P.O vide his letter no. HI/RTI/Misc dated at Bankura the 15.09.2025 replied “inspite of through searching A-roll of union subscription disbursement for the period April 2022 to June 2023 cannot be traced out till today.” ”
Upon the Commission’s query on the data retention policy of maintaining the sought information, the respondent submitted of maintaining the same for three years after completion of the audit.
8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that the CPIO gave partial information to the appellant on the A-roll from July, 2023 to February, 2024 but has not provided for the period of April, 2022 to June, 2023. Based on the submissions of the respondent during the hearing, the Commission finds that the information sought by the appellant is within the data retention period of the respondent but the respondent could not trace the information w.r.t the period of April, 2022 to June, 2023. In view of the above, the respondent is directed to file an affidavit to that effect before the Commission, affirming their stand that the sought information for the period of April, 2022 to June, 2023 could not be traced along with their data retention policy with a copy served on the appellant withi