Central Information CommissionSaniya Sarkar vs Department Of Posts on 13 October, 2023Author:Heeralal SamariyaBench:Heeralal Samariyaकेन्द्रीय सूचना आयोग\n                      Central Information Commission\n                          बाबा गंगनाथ मागग ,मुननरका\n                       Baba Gangnath Marg, Munirka\n                       नई निल्ली, New Delhi - 110067\n\n नितीय अपील संख्या/Second Appeal No.: CIC/POSTS/A/2022/147293\n\n Saniya Sarkar                                        .....अपीलकताग /Appellant\n\n                                    VERSUS/बनाम\n\n\n Public Information Officer Under RTI,\n Senior Superintendent of Post Offices,\n Department of Posts-India, Barrackpore Division,\n Barrackpore, Kolkata-700120 (West Bengal).\n\n\n                                                         ...प्रनतवािीगण/Respondents\n\nRelevant facts emerging from appeal:\n\n  RTI application filed on          :   17.05.2022\n  CPIO replied on                   :   13.06.2022\n  First appeal filed on             :   27.06.2022\n  First Appellate Authority order   :   18.07.2022\n  Second Appeal received at CIC     :   04.10.2022\n  Date of Hearing                   :   13.10.2023\n  Date of Decision                  :   13.10.2023\n\n\n                   सूचना आयुक्त   : श्री हीरालाल सामररया\n            Information Commissioner:    Shri Heeralal Samariya\n\n\n  Information sought:The Appellant sought following information:1. Date of receipt of my letter dated 08.02.2022 at Divisional Office.2. Note-sheet upon receipt of my letter dated 08.02.2022.3. Date of receipt of my appeal against suspension to the DPS(KR\n       Region) dated 09.02.2022 at Divisional Office.4. Date of forwarding my said appeal to the DPS(KR Region) dated\n       09.02.2022 along with copy of dispatch particulars..Page 1 of 55. Note-sheet upon receipt of my appeal dated 09.02.2022 against\n   suspension for forwarding to the DPS(KR Region).6. Any communication received from the DPS(KR Region) or O/o the\n   PMG, Kolkata Region on my said appeal dated 09.02.2022.7. Date of receipt of the review minutes extending my suspension from\n   04.05.2022 from Kolkata Region along with receipt particulars.8. Copy of the email page with attachment of the review minutes of\n   extension of my suspension from 04.05.2022 as received from Kolkata\n   Region.• PIO furnished reply, vide letter dated 13.06.2022, as under:1. The date of receipt of the letter dated 08.02.2022 was received\n           at Divisional Office on 10.02.2022.2. Information cannot be furnished under exemption category\n           underSection 8(h)of RTI Act, 2005.3. Date of receipt of the appeal against suspension to the DPS\n           (KR Region) dated 09.02.2022 was received at Divisional\n           Office on 11.02.2022.4. Date of forwarding of the said appeal to the DPS (KR Region)\n           dated 09.02.2022 was despatched from Divisional Office on\n           17.02.2022, information pertaining to rest part cannot be\n           furnished as the same falls under exemption category underSection 8(h)of RTI Act, 2003.5. Information cannot be furnished as it falls under exemption\n           category underSection 8(h)of RTI Act,2003.6. Information cannot be furnished as it falls under exemption\n           category underSection 8(h)of RTI Act,2005.7. Date of receipt of the review minutes extendi.ng suspension\n           from 04.05.2022 was received at Divisional] Office on\n           01.05.2022, information pertaining to rest part cannot be\n           furnished as the same falls under exemption category underSection 8(h)of RTI Act, 2005.8. Information not available in material form.• Dissatisfied with the response received from PIO, Appellant filed First\n  Appeal, vide letter dated 27.06.2022.• The FAA vide order dated 18.07.2022 upheld the reply furnished by PIO.• Written submission dated 09.10.2023 has been received from CPIO and\n  same is taken on record. The relevant extract whereof is as under :Page 2 of 5The information sought for at Sl no. 2 rest part of SI no.4 , SI\n            no. 5, 6 and rest part of S1 no. 7- Smt Saniya Sarkar is the principal\n            offender in the Fraud Case of Chandmari Road SO involving\n            several persons including the charged officials, further it is to note\n            that FIR vide no. 57/22 was also lodged against the charged official\n            Smt Saniya Sarkar on 03.02.2023 at Bizpur PS. and the court case\n            is yet to be disposed till date. The Charge sheet against the\n            principal offender under Rule 14 of CCS CCA Rule, 1965 has been\n            issued against Smt Saniya Sarkar on 02.05.2022 and the Board of\n            Inquiry was not started at the time of supplying the information.\n            The disciplinary proceedings under Rule 14 of CCS CCA Rule,\n            1965 is in continuation till date.Hence it could not be furnished as it falls under exemption category\n            underSection 8(1)(h)of RTI Act, 2005 wherein it is detailed that\n            the supply of information may impede the process of investigation\n            or apprehension or prosecution of offenders.Grounds for Second Appeal:The PIO has not provided correct information to the Appellant.Relevant Facts emerging during Hearing:The following were present: -Appellant: Absent\n\nRespondent: Mr. Pranab Banerjee, Sr. Supdt. of Post\n\nThe Respondent stated that the relevant information has been duly furnished to\nthe Appellant. He submitted that the Appellant is the principal offender in the\nFraud Case of Chandmari Road and charge sheet against the Appellant has been\nissued under Rule 14 of CCS CCA Rule, 1965 on 02.05.2022. He stated that the\ndisciplinary proceedings under Rule 14 of CCS CCA Rule, 1965 are still in\nprocess. He averred that the information sought at point no. 2, 4 , 5, 6 and 7 is\nexempted from disclosure underSection 8(1)(h)of the RTI Act, since the\ndisclosure of information sought would impede the process of investigation or\nprosecution of offenders\n\nDecision:At the outset, Commission directs the concerned PIO to furnish a copy of their\nlatest written submission along with annexures if any, to the Appellant, free of\ncost via speed-post and via e-mail, within 07 days from the date of receipt of this\norder and accordingly, compliance report be sent to the Commission.Page 3 of 5Commission, after perusal of case records and submissions made during hearing,\nobserves that an appropriate response as per the provisions of theRTI Act, 2005has been provided by the Respondent. No legal infirmity is found in the response\nfurnished by the Respondent. Thus, the Commission is of the considered opinion\nthat no further intervention of the Commission is warranted in this case.The appeal is disposed of accordingly.Heeralal Samariya (हीरालाल सामररया)\n                                       Information Commissioner (सूचना आयुक्त)\n\n\n\n\nAuthenticated true copy.(अनिप्रमानणतसत्यानपतप्रनत)\n\n\nRam Parkash Grover (रामप्रकाशग्रोवर)\nDy. Registrar (उप-पंजीयक)\n011-26180514Page 4 of 5Page 5 of 5