Central Information Commission Judgements

Mr.G.K.Pandey vs Bsnl, New Delhi on 12 March, 2009

Central Information Commission
Mr.G.K.Pandey vs Bsnl, New Delhi on 12 March, 2009
                Central Information Commission
                                                             CIC/AD/C/09/00132

                                                             Dated March 12, 2009

Name of the Applicant                    :   Mr.G.K.Pandey

Name of the Public Authority             :   BSNL, New Delhi



Background

1. The Applicant filed an RTI application dt.11.1.08 with the CPIO, BSNL, New
Delhi. He requested for the following information in accordance with letter
No.27-9/2005-MKTG dt.14.8.07 and copy given to ADG(Vig.II) w.r.t No.7-
5/2007-VM-II/3 dt.8.8.07.

i) The kind of action initiated/taken against responsible franchisees at
Lucknow in accordance with Para 3 of letter dt.14.8.07.

ii) A copy of vigilance report indicated in Para 4 of the above quoted
letter.

iii) The amount paid as commission to all the four franchisees at Lucknow
after ‘Sales & Distribution Policy-2006-Commission on pre-paid cards’ came
into force
The CPIO replied on 1.4.08 stating that information with regard to points (i) &

(iii) are not available but added that a copy of the RTI application is being
forwarded to CPIO, UP(E) Telecom circle. He denied information with regard
to point (ii) u/s 8(1)(h) of the RTIA. The applicant filed an appeal dt.6.9.08
with the Appellate Authority. On not receiving any reply, he filed a second
appeal dt.3.10.08 before CIC.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for March 12, 2009.

3. Mr. Joginder Singh, AGM(RTI) and Mr. R.L. Chandna, AGM(Vig.) represented
the Public Authority.

4. The Applicant was not present during the hearing.
Decision

5. The Respondents submitted that they had already provided information
against Points 1 & 3 vide their letter dt. 26.8.08. With regard to Point (ii) the
Commission noted that the vigilance reports are being compiled by the
Respondent and as requested by the Respondents, directs the Appellant to
inform the Respondents within 5 days of the receipt of this Order about
whether the information being sought by him is for the whole of India, U.P or
for Lucknow and the Respondents to provide the information within 30 days
of receipt of this clarification from the Appellant.

6. The appeal is disposed off.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(K.G.Nair)
Designated Officer

Cc:

1. Mr.Girish Kumar Pandey
Advocate
H.No.9/243, Janaki Puram Extn.

Lucknow

2. The CPIO &
Jt.DDG (MIS-II)
Bharat Sanchar Nigam Limited
A-506 Statesman House
B-148 Barakhambha Road
New Delhi 110 001

3. The Appellate Authority &
DDG (MIS)
Bharat Sanchar Nigam Limited
A-506 Statesman House
B-148 Barakhambha Road
New Delhi 110 001

4. Officer in charge, NIC

5. Press E Group, CIC