NATIONAL FEDERATION OF POSTAL EMPLOYEES

1^st Floor, North Avenue Postal Office Building, New Delhi – 110001

FEDERATION OF NATIONAL POSTAL ORGANISATIONS

T-24, Atul Grove Road, New Delhi – 110001

 

No.PJCA/AGTN/2014                                                                             Dated – 12.11.2014

To,

Ms. Kaveri Banerjee

Secretary,

Department of Posts

Dak Bhawan, New Delhi – 110001

Madam,

Sub: - Programme of agitation by Postal Joint Council of Action (PJCA)

Ref: -   (1) Charter of Demands submitted by PJCA on 28.08.2014

            (2)  Your office letter No. f. No. 8-10/1997-SR (SR Section Dated 29.10.2014

Meeting of the Postal Joint Council of Action held on 11.11.2014 reviewed the reply given by the Department to the Charter of demands submitted by PJCA on 28.08.2014 and also the progress made in settling the demands.

The PJCA meeting came to the unanimous conclusion that not even a single demand is settled and no positive approach in settling the demands is reflected in the action taken report. The PJCA is totally disappointed to read the reply. Discontentment among employees are growing day by day. Further it is noted that as many as 58 items submitted for discussion in the JCM (Departmental Council) was disallowed even without giving an opportunity to the staff side to explain the position on each case.

In view of the above position the Postal Joint Council of action unanimously decided to further intensify the agitational programmes. Accordingly the following decisions are taken.

1.      Entire five lakhs employees of the Department of Posts shall go on indefinite strike commencing from the third week of February 2015.

2.      Date of commencement of the indefinite strike will be declared in a massive Parliament March to be held on 4^th December 2014. 20000 Postal and RMS employees including Gramin Dak Sewaks and Casual, Part-Time, Contingent employees will participate in the Parliament March, which will be addressed by the leaders of PJCA and leaders of Central Trade Unions and JCM National Council Staff side.

This is for your information and necessary action.

Yours faithfully,

R. N. Parashar                                                                                     D. Theagarajan

Secretary General                                                                               Secretary General

NFPE                                                                                                    FNPO

Happy Karttika Purnima

ATTENTION BRANCH / DIVISIONAL / CIRCLE SECRETARIES

2014 DECEMBER 4^TH

20,000 POSTAL AND RMS EMPLOYEES WILL MARCH TO PARLIAMENT

TO PROTEST AGAINST THE NEGATIVE ATTITUDE OF THE GOVERNMENT TOWARDS POSTAL EMPLOYEES INCLUDING GRAMIN DAK SEWAKS AND CASUAL LABOURERS

December 4^th is nearing. Massive preparation are going on in every circle of the country. We are receiving very encouraging reports from circles. Kerala Circle which is far away from Delhi (Up & Down Six days train journey) has already booked ticket for 600 comrades. Total expenditure for Kerala Circle alone will come to Rs. 24,00,000/- (Rs. Twenty Four Lakhs). From Tamilnadu Circle also more than 400 comrades have already booked their tickets. Highest number of employees will participate from nearby circles of Delhi i.e. Uttar Pradesh, Rajasthan, Punjab, Haryana, Himachal Pradesh, Bihar, Uttarakhand etc. All other circles are also trying their best to mobilize maximum number of employees in the March.

Please ensure that number of employees as per the Quota fixed by the CHQ of each affiliated union participate in the historic parliament march WITHOUT FAIL. Please rise up to occasion. Wake up and act as responsible leaders of NFPE.

Copy of Charge-sheet cannot be denied under RTI Act : CIC

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.

RECORD RETENTION SCHEDULE IN RESPECT OF RECORDS = COMMON TO ALL MINISTRIES/ DEPARTMENTS

CLICK HERE

P3 CIRCULAR

ALL INDIA POSTAL EMPLOYEES UNION GROUP ‘C’

CHQ: Dada Ghosh Bhawan, 2151/1, New Patel Road, New Delhi - 110008

                                                                                                                             

Ref:P/1-10/Circular                                                                                      Dated – 05.11.2014

To

All Circle/Divisional/Branch Secretaries

AIPEU Group ‘C’

Dear Comrades,

This month perhaps we may deem it a holy month as we are in the jubilant mood to celebrate the NFPE Diamond Jubilee culmination function in its peak at Dwarka (Gujarat) on 23^rd & 24^thNovember 2014. In the above great event, all the surviving legend leaders of our union to a maximum extent have been invited and to be honoured. Trade union leaders, scholors, eminent personalities are to take part in the colourful grand event of our Diamond jubilee function to deliver their valuable orations. In this spot light CHQ want to share some news & events, requests needed to be penetrated to the cadres till to the tail end.

      

Gujarat Circle is hosting the NFPE Diamond Jubilee function. The reception committee has estimated the total expenditure will be around 15 lakh rupees. It is our ardent duty to help them by collecting Maximum advertisements for the souvenir and sent it to the reception committee before 15^th November 2014. All you know that the delegate fee for NFPE Diamond Jubilee function fixed as Rs. 1000/-.

2.      Confederation Programmes

(a)   Mass squatting of Central Government Employees at a centrally located place in all state capitals on 18.11.2014.

(b)   On 11.12.2014 a national convention is to be held at New Delhi organised by National Council (JCM) staff side. CCGEW has endorsed that convention and fixed a quota of 70 for NFPE.

(c)    Confederation has decided to conduct an All India Trade Union workshop on 5^th & 6^th January 2015 at Bangalore. Several leaders are to give lectures & classes.

3.      Postal JCA programmes & Directorate’s reply

Postal JCA consisting NFPE & FNPO has conducted a series of agitational programmes as decided earlier.

In response to our 39 Charter of demands, the Department replied on 29.10.2014 and we published in our website. All the demands are justifiable by us but the department’s reply is evading on several demands. Further course of action will be decided by PJCA.

3 (a) Massive Parliament March by PJCA

The PJCA’s Massive parliament March programme is scheduled on 04.12.2014. Out of 20000 as estimated by PJCA, our P3 share is 4000. All circles have been allotted according to feasibility and it is our duty for due participation alongwith by aiding, helping GDS comrades in large to fulfill their Quota of representation fixed by GDS (NFPE). It is again reitereated the weather in Delhi in December may be too cold and the winter dresses & blankets are unavoidable.

3 (b) Next PJCA meeting is fixed on 11.11.2014 at NFPE head Quarters

4. JCM Departmental Council Meeting likely in December 2014.

Earlier the staff side has submitted 158 subjects to the Department. We covered the issues of all categories of employees. The Directorate has not proposed to take 58 subjects out of 158 subjects and the remaining 100 subjects are now in the field. The reason attributed to the following grounds.

(i)     Subjects pertaining to circles are to be taken at RJCM

(ii)   Subjects already taken and discussed

(iii)  Subjects not related to entitled class of employees under JCM.

We are in the hope that the staff side, JCM (DC) with its all out efforts, clinch results in the ensuring JCM (DC) meeting likely to be held in December 2014.

5.      Our tasks ahead

(a)   Enrollment of Membership

PA recruitment for this year is in the final stage in some circles and results came out in some circles. We can proudly say that the sincere efforts of our unions ensured the recruitment and filling up of all vacant PA Posts are going on.

In the past four years, more than 30000 new recruits have been inducted in PA/SA cadre. At present, more than 30% in Postal Assistant cadre are young blood and they are needed to be taught with the work of NFPE. Our tireless efforts, agitations for scrapping the ban on recruitment, filling up of all vacant posts etc. shall be educated in the young minds.

According to extant PA/SA recruitment rules, our cadre strength is more than 120000. Exclusively PAs may be counted to one lakh. If includes, HSG-I-1741, HSG-II 1721, LSG 6989, PM Grade-I 2097, PM Grade-II 511, PM Grade III 495 and others it will be around more than 113000. Is not our duty to enroll all the above to our fold? Yes. All our Divisional/Branch secretaries are requested to conduct a drive on Membeship inclusiveness. All our Divisional/Branch Secretaries are entrusted with a task of enhancing our membership to a maximum and ensure no one will be left over uncontacted.

In the year 2015, we shall mark with a distinction of achieving more than one lakh membership of AIPEU Group ‘C’ alone and further strengthen the hands of our mighty NFPE.

(b)   Quota of subscription

All Divisional/Branch Secretaries are requested to remit all dues of Quota and for journal. Fund is the essential criteria for effective functioning. It is advised that timely remittance of all dues shall be ensured by the ground level leaders to enable the effective and vital functioning of CHQ:

The Circle Secretaries are requested to resurge and review the follow up in the membership enrolment and Quota remittance by divisional/branch unions.

(c)    DAK JAGRITI – New Journal in the place of Bhartiya Post

Shortly, after getting RNI Registration the new monthly journal “Dak Jagriti” is tobe published in the same pattern of Bhartiya Post. “Dak Jagriti” (Bilingual English/Hindi) title is approved by the Registrar of News Papers for India and our AIPEU Group ‘C’ is the owner exclusively.

(d)   Hand Book Containing Memorandum submitted to 7^th CPC by Confederation & P3

Instead of yearly hand book which took less response due to repeated information, CHQ planned to release a handbook containing memorandum submitted to 7^th CPC by Confederation & P3 mainly and other essential information. Those who need copies may intimate to CHQ either by Post/Phone/e-mail. All Branches are to supplied with one or two copies only. If any branch require more, only on indent it will be dispatched.

(e)   Using of technological off shoots for our welfare.

You all know that NFPE and all its affiliates are having websites. AIPEU Group ‘C’ has its own website: aipeup3chq.com & our e-mail ID: aipeugrc@gmail.com

All the stakeholders are requested to visit our website regularly. From the next issue of our journal, it is decided to publish it in our website after 15^th of every month. It may be more useful to all the stake holders even at a later date to refer.

The Divisional/Branch secretaries are advised to have an e-mail ID, if already not, and communicate your e-mail ID to the CHQ. Through this medium, you can well share all the information about the membership, subjects taken in monthly meeting and any other information deserves to communicate. As we are growing with technology in our department, it is imperative for our union also to use it to the ground root level.

6.      Last but not least

All Circle/Divisional/Branch Secretaries are requested to make all the calls given by Confederation, NFPE, PJCA a great success. Let we start the enrollment of membership remitting quota without any loss of time, Let we share all the events and news thro e-mail also. Let we unitedly fight for the cause of our members and to all at large.

With greetings,

Comradely yours,

(N. Subramanian)

General Secretary