Central Information Commission Judgements

Mr.Bhavin V.Raja vs Bsnl, Yavatmal on 2 March, 2009

Central Information Commission
Mr.Bhavin V.Raja vs Bsnl, Yavatmal on 2 March, 2009
             Central Information Commission
                                                              CIC/AD/A/09/00183
                                                               Dated March 2, 2009

Name of the Applicant                  :    Mr.Bhavin V.Raja

Name of the Public Authority           :    BSNL, Yavatmal

Background

1. The Applicant filed an RTI application dt.3.7.08 with the CPIO, BSNL,
Yavatmal. He requested for information regarding payment of Bill
No.T050620089656083 of Tel. No.YML-242645. The APIO replied on 4.7.08
asking him to resubmit his application after payment of Rs.10/-. The
Appellate Authority in response to applicant’s appeal dt.8.10.08 (Copy not in
file) replied on 4.11.08 stating that as per the instructions issued by the
APIO, he is not in receipt of original application dt.3.7.08 and 4.7.08 made
under RTI Act along with the cash receipt of Rs.10/- paid to BSNL, Yavatmal.
Aggrieved with this reply, the applicant filed a second appeal dt.4.12.08
before CIC.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for March 2, 2009.

3. Mr. Kale Narendra Rukhabsa, DE(Admn) & APIO represented the Public
Authority.

4. The Applicant was not present during the hearing.

Decision

5. The Respondent submitted that he did not receive the original RTI application
dated 3.7.08 and that when he received the second RTI application dt. 4.7.08
which was addressed to the General Manager, BSNL, he requested the
appellant to submit the application after payment of Rs.10/- at the counter of
the office of GMT, Yavatmal. He further stated that the Appellant did not
send him either the original of the receipt for Rs.10/- nor a photocopy and,
therefore, no information was provided. According to the Respondent all
details regarding how to make payment are exhibited on a display board in
the Office of the General Manager, BSNL.

6. The Commission, however, noted that the Appellant had enclosed an IPO of
Rs.20/- along with the second appeal, in which he reiterated his request for
the information. In his second appeal, the Appellant also demanded that a
penalty of Rs.5000/- be levied upon the PIO. In view of the explanation given
by the CPIO that he did not provide any information since he did not receive
any information regarding the fees paid by the Appellant, the Commission
condones the non furnishing of information to the Appellant in this case. Also,
taking a lenient view, based on the photocopy of the Rs.10/- cash paid by the
Appellant at the counter, and the IPO of Rs. 20 submitted to the Commission
alongwith his second appeal, the Commission directs the CPIO to provide the
information within 15 days of the receipt of this Order.

7. The appeal is disposed off.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(K.G.Nair)
Designated Officer

Cc:

1. Mr.Bhavin Vasanji Raja
‘Shri Bhagwati Krupa’
FW-2, Business Plaza
Near Awdhootwadi Post Office
Datta Chowk
Yavatmal 445 001

2. The CPIO
Bharat Sanchar Nigam Limited
O/o General Manager Telecom
Dhamangaon Road
Yavatmal

3. The Appellate Authority
Bharat Sanchar Nigam Limited
O/o General Manager Telecom
Dhamangaon Road
Yavatmal

4. Officer in charge, NIC

5. Press E Group, CIC