Central Information Commission Judgements

Shri Dhruv Narayan vs Bsnl, Barabanki on 10 August, 2009

Central Information Commission
Shri Dhruv Narayan vs Bsnl, Barabanki on 10 August, 2009
            Central Information Commission
                                                      CIC/AD/A/2009/000694
                                                        Dated August 10, 2009

Name of the Applicant                  :   Shri Dhruv Narayan

Name of the Public Authority           :   BSNL, Barabanki

Background

1. The Applicant filed an RTI application dt.1.9.08 with the CPIO, BSNL,
Barabanki. He requested for reasons for non-payment of his dues for
the period when he had worked as the agent for verifying contracts,
for the contractors M/s.Singh Aggarwal & Associates with Mr.Mukesh
Kumar Agarwal as their partner. He requested for various details of
information like details of contracts verified by him, other work which
he was undertaken by him, the payments made to the contractor
during the period 2006 and action taken on the complaints lodged by
him on 10.8.07 and 4.1.08. The CPIO replied on 5.11.08 furnishing
point wise information. Not satisfied, the Applicant filed an appeal
dt.6.1.09 with the Appellate Authority pointing out the information he
is satisfied with as also the missing information. On not receiving any
reply, he filed a second appeal dt.1.4.09 before CIC requesting for the
information.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner,
scheduled the hearing for August 10, 2009.

3. Mr.Chhote Lal, SDE (Legal) on behalf of CPIO represented the Public
Authority.

4. The Applicant was not present during the hearing.

Decision

5. The Respondent submitted that the Appellate Authority had replied on
24.4.09 providing the missing information and the required
clarification.

6. The Commission noted that information as per the Appellate
Authority’s order was received by the Appellant after the second
appeal was filed and that the Appellant has not got back with his
response thereby indicating that he is satisfied with the information
provided to him.

7. The Commission directs the CPIO to show cause as to why a penalty of
Rs.250/- per day (Maximum Rs.25,000/-) should not be levied on him
for not responding to the Appellant within the stipulated period as
prescribed in the RTI Act. The response should reach the Commission
by 15.9.2009.

8. The appeal is accordingly disposed of.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G.Subramanian)
Asst. Registrar

Cc:

1. Shri Dhruv Narayan
E-1/280
Vinay Khand-I
Gomti Nagar
Lucknow

2. The CPIO
Bharat Sanchar Nigam Limited
O/o District Engineer Telecom
Awas Vikas Colony
Barabanki 225 001

3. The Appellate Authority
Bharat Sanchar Nigam Limited
O/o CGM Telecom (East)
Hazratganj
Lucknow

4. Officer in charge, NIC

5. Press E Group, CIC