S.B Allowance to P.A. Dte clarfication.
 Click here to view.

Declaration of assets by Public Servants under Lokpal

Declaration of assets by Public Servants under Lokpal: Removal of Difficulties Order Notification by DoPT

Click here to see the details

1) How to join GCHS after Retirement

1) How to join GCHS after Retirement

Click here to see the details...

2) Change in date of birth/age of family pensioners for payment of additional pension

Click here to see the details
3) Can’t recover excess salary paid to class III, IV staff: SC

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26/12/2014

1) Minutes of the JCM, Departmental Council (DC) Meeting held on 16/12/2014 

Click the above link to read the minutes

2)Lokpal: Babus get four more months to file info on assetsClick here to see the details...

25/12/2014
INCENTIVE TO THE STAFF PERFORMING IMTS TRANSACTIONS IN POST OFFICES.Click here to see the details...

CIRCLE WORKING COMMITTEE MEETING AT CHENNAI

Dear colleagues,

The Circle Working Committee of our Union  was conducted at "Nakeeran Arangam" Chennai on 30.11.2014 under the President ship of Sri.D.Vinayagam, Circle President.

The following decisions were taken in that meeting.
1.The CWC condemned the action of General Secretary Sri.D.Kishan Rao for having suspended Sri.D.Vinayagam from the post of Divisional Secretary, Chennai City Central Division and also Sri.B.Gouse Basha from the post of Divisional Secretary, Anna Road HPO branch along with the suspension of their primary membership, without serving any charges. The CWC while condemning this arbitrary action of the General Secretary and also asked him to reconsider this undemocratic action for revocation of their suspensions immediately and restore the status quo.

2.The CWC discussed the various issues faced by the staff due to the wrong decisions of the Administration and also decided to take all the issues concerning the staff and  bring   the same to the   notice of the Circle Administration.

Dear colleagues
 As already announced a massive Rally towards Parliament was conducted by Postal JCA at New Delhi on 04.12.2014. Thousands of Postal Employees from all over the country participated in the Rally. From Tamilnadu also some of the Employees participated especially in our FNPO Postal III, some members from Chennai City South Division Participated under the leadership of K.Sultan Mohideen(Regional Secretary CCR).

Sri.D.Theagarajan Secretary General FNPO, Sri.R.N.Parashar Secretary General NFPE,  Sri.A.K.Padmabanhan (CITU),Sri.Ragavaiah(NFIR).Sri.Shiv Gopal Mishra (AIRF) and other leaders from various Unions of Central Government Employees addressed the Rally and decided to take the movement for further level of action to achieve the demands of Postal Employees and also the Central Government Employees. The details of program of action will follow.

Add caption

FNPO

NATIONAL ASSOCIATION OF POSTAL EMPLOYEES GROUP`C`

TAMIL NADU CIRCLE, Anna Road HPO, Chennai-600002.

________________________________________________________________________________

CIRCLE SECRETARY: B.GOUSE BASHA                                       CELL No. 9382661060

 No.2/CWC-3/2014                                                                        DATE: 15-11-2014        

NOTICE

                 As per  article 28 of our Union  Constitution, it is hereby notified that the Circle Working Committee Meeting of the National  Association of Postal Employees  Group`C`, Tamilnadu Circle will be held at `Nakkeeran  Arangam` [SRMU Union office] near   Egmore Railway Station, Egmore,  Chennai-600008 on 30-11-2014,Sunday 10-30 hrs.

AGENDA:

1) Irregular and unconstitutional action of General Secretary against Divisional Secretaries of Chennai

     City Central Division   and Anna Road HPO etc.

2) Financial review – Accounts

3) Organizational Matters –Litigation against Circle Union etc.,

4) General problems faced by the staff.

5) Central JCA programs

6) Other Matters permitted by the Chair.

Please note: No fresh notice will be issued if there is any change in date and venue .However intimation will be given to all concerned.

                                                                                                                                               

                                                                                                                                                   

                                                                                                        B.Gouse Basha

                                                                                                       Circle Secretary

Copy to,

1) The Chief Post Master General, Tamilnadu Circle, Chennai-600002

2) Sri.D.Vinayagam, Circle President and All the Circle Working Committee Members

3) The General Secretary, New Delhi - 110001 

MARCH TO PARLIAMENT

Dear colleagues,

 For pressing the charter of demands, Merger of DA with basic pay,interim relief, scrapping of the New Pension scheme,inclusion of GDS in 7th pay commission,relaxation of provisions for compassionate ground appointment and all latest demands pertaining to postal department, submitted by the Postal JCA the program of March to Parliament on December 4th 2014 has been organised by the Postal JCA. All the members of our Union are requested to participate and make the call GRAND SUCCESS. 

06/11/2014

Charge sheet can also be obtained through RTI

The CIC Prof M Sridhar Acharyulu held on 3rd November 2014 that ‘charge-sheet’ has to be disclosed after separating non-disclosable portions, if any, as per restrictions prescribed under RTI Act. Ms. Usha Kanth Asiwal sought to know from Director of Vigilance Delhi, details of complaint made to Anti Corruption Bureau on 25-04-2001 and  inquiry leading to registration of case against 13 persons under Prevention of Corruption Act, which is now under prosecution in Tis Hazari Courts. She sought 22 point information, which broadly relate to contents of the Charge-sheet.

The PIO denied the information u/s 8(1)(h) of the RTI Act claiming disclosure would impede investigation or prosecution.  The First Appellate Authority upheld the decision of the PIO.  She approached the Commission in second Appeal. Though demand was not for copy of charge-sheet, the appellant agreed that a copy of charge-sheet would answer his application. Then issue before the Commission was whether charge sheet was public document, and if so could that be shared under RTI Act with any citizen.

CIC Prof Sridhar Acharyulu explained: ‘The charge sheet is a report held by the investigating officer, or public authority or court of law. As per the RTI Act, any information held by the public authority can be accessed by the citizen subject to the exceptions provided under Section 8. Because the charge-sheet contains the evidence which need to be adduced in the court of law, there is a possibility of opening up many details which could be personal or private or confidential. If the allegation requires to be proved by call data, the charge sheet refers to sheets of call data, which surely contain call details unrelated to allegation. That could be private information need to be protected. Hence each charge sheet has to be separately examined and only after separating unnecessary and unrelated details of evidence, and only required and permissible information out of chargesheet should be disclosed. Thus Charge-sheet can neither be prohibited enbloc from disclosure nor disclosed totally. Charge-sheet is a document held by concerned authority, which has to examine disclosable aspects vis-a-vis Section 8 and 9 of the RTI Act and then decide the case’.

As per the Criminal Procedure, the charge-sheet is the end product of investigation. With filing of charge-sheet, the investigation is closed and defense that investigation might get impeded does not stand at all.    Whether revealing the information impedes apprehension or prosecution is the next question. The Respondent authority did not even raise this point and did nothing to explain the Commission about possibility of impeding apprehension/prosecution by disclosure.  The Public Authority just mentioned the section number and did nothing else. The First Appellate Authority also did not apply the mind and chose not to give any reasons for upholding the denial by PIO. The exemption of larger public interest provided in Section 8(1) is not available to this clause (h). Thus it has to be decided on facts whether disclosure of charge-sheet will really obstruct investigation, apprehension or prosecution. The judgment of the Delhi High Court in W.P.(C) No.3114/2007 – Shri Bhagat Singh Vs. Chief Information Commissioner & Ors on this aspect is of relevance, since it deals with the applicability of the Section 8(1)(h) of the RTI Act 2005: S Ravinder Bhat J specifically notes, “As held in the preceding part of the judgment, without a disclosure as to how the investigation process would be hampered by sharing the materials collected till the notices were issued to the assessee, the respondents could not have rejected the request for granting information. …”

It can be inferred that there is no specific provision anywhere prohibiting the disclosure of charge-sheet and if there disclosure does not affect investigation or prosecution it can be permitted under RTI, unless there is a public interest against disclosure. The chargesheets containing charges under Prevention of Corruption Act, especially against public servants, need to be in public domain, in public interest.

Citing several decisions the CIC said: There is no specific provision under any law which state that charge-sheet is a public document, but there are several judgment of the Supreme court and High court which clarify that charge sheet is a public document. Queen-Empress v. Arumugan and Ors ( (1897) ILR 20 Mad 189) has held that any person has an interest in criminal proceeding has a right to inspect under section 76 of the Indian Evidence Act. In N David Vijay Kumar v The Pallavan Gram Bank, Indian Bank in File No. CIC/SG/A/2012/000189 CIC Mr Shailesh Gandhi ordered disclosure of Charge sheet ruling out the contention of exemption under Section 8(1)(j).

On the perusal of the RTI application, the Commission found that the  information sought by the applicant are the part and parcel of the information contain in the charge-sheet prepared after the completion of the investigation under section 173 of Cr. P. C. The purpose of the appellant will be served if the copy of the same would be provided to the appellant. The respondent authority also agreed to provide the copy of charge sheet.

Considering the provisions of Cr.P.C., Evidence Act, RTI Act, erudite judicial pronouncements, certain transparency practices in CVC,  facts and circumstances of the case and contentions raised, the Commission holds that the charge sheet is a public document and it shall be disclosed subject to other restrictions provided under RTI Act. There cannot be a general hard and fast rule that every charge-sheet could be disclosed or should not be. Each RTI request for copy of Charge-sheet required to be examined and only permissible part should be given.  The Commission, hence, directed the respondent to examine the content of charge-sheet and to provide appellant/… the copy of those portions of charge-sheet, which would answer the queries raised by appellant in his RTI application, within 3 weeks from the date of receipt of the order.

Click here to view 7 CPC preliminary meeting

DA AND BONUS ORDERS

FLASH NEWS

22/09/2014

1)PLB for the Accounting Year 2013-2014- 60 days. & DA 7% Department of Posts  orders.

Click here to download the orders