Central Information Commission
Room No.296, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi
110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Appeal/Complaint: No. CIC/AD/C/2009/000759
Appellant /Complainant : Shri Ram Shankar Shukla,Urai
Public Authority : Bharat Sanchar Nigam Ltd., New
Delhi
(Shri Anil Kumar Jain, AGM(L), CPIO
&
Shri Binod Shahi, DGM(P&A)
Date of Hearing : 18 /06/2010
Date of Decision : 18 /06/2010
Facts
:
1. The appellant Shri Ram Shankar Shukla vide his RTI application dated
16.4.2009 sought information from the CPIO, Office of Chief General Manager,
Telephones, New Delhi regarding action taken on letter dated 12.11.2008 and
reminder dated 16.2.2009 along with calculation chart pertaining to fixation of pension
and issue of Pension Pay Order.
2. Failing to receive a response, the appellant preferred first appeal dated
19.6.2009 which was also not adjudicated upon by FAA.
3. The appellant filed second appeal before the Commission. Treating this
appeal as a complaint under section 18 Commission issued show cause notice dated
20.5.2010 wherein the CPIO was provided with an opportunity of personal hearing on
18.6.2010 before imposing penalty on him.
4. Not having responded to the application within the time prescribed in the RTI
Act he was also directed to provide information to the appellant by 15.6.2010.
5. The matter was heard today. Appellant did not appear. Respondents were
present as above.
6. Respondents stated that vide their letter dated 27.4.2009 the RTI application
was referred to the Accounts Officer, CGM(NTP) as deemed CPIO. The deemed
CPIO vide his letter dated 6.5.2009 asked the CPIO to direct the appellant to contact
the office from where he had retired to obtain this information. This communication
dated 6.5.2009 was also marked to the appellant.
7. Accordingly, CPIO, CGM send the RTI application to DGM(NTP), Lucknow vide
his letter dated 12.5.2009 which was returned to him by the CPIO at Lucknow vide his
letter dated 24.6.2009 stating that his service book of the appellant was not available
with them. Lucknow office also conveyed this information to the CPIO, New Delhi
Office on telephone.
8. CPIO, New Delhi vide his letter dated 8/15.6.2009 wrote the CPIO, Director
(Establishment), DOT, Sanchar Bhawan with a copy of this letter to the appellant.
9. The CPIO, DOT returned the RTI application back to CPIO, GM (NTP), New
Delhi vide his letter dated 19.6.2009 informing that they were not holding the required
information, copy of which was marked to the appellant. Finding that all his
efforts were failing to provide the information sought by the appellant, CPIO vide his
note dated 12.7.2009 in file No. NTP/RTI/111124/200910 of BSNL, NTP Circle, New
Delhi sought directions from CGM, TP suggesting that the said information may be
sought from CCA , New Delhi with copy to the appellant for providing the requisite
information. Vide his noting on the same file dated 13.7.2009, CGM, TP marked the
note to GM(Finance) who noted that in his view this matter was not covered under RTI
act nor was the subject matter of the RTI application within the area of responsibility of
CGM(NTP). He further stated that all the action taken so far was not necessary and
the matter may be closed. This note of GM(Finance) is dated 16.7.2009 and was
marked to CGM who directed the CPIO to take action accordingly.
Decision
10. The Commission is unable to appreciate the handling of the matter by the
GM(Finance) and deems his advice to the CPIO to be in contravention of the
provisions of the RTI act. The CPIO has put in a serious effort to access this
information sought by the appellant and has vigorously pursued the same. It is also
noted that copies of three letters have been marked to the appellant to keep him
informed of the progress in the matter, CPIO is directed to take action to dispose of
this case u/s 7(1) of the act and pursue his suggestion to take up the matter with CCA,
New Delhi who will be treated as deemed CPIO. CPIO, BSNL, New Delhi to forward
the RTI application to CPIO, CCA who is directed to provide information directly to the
appellant within 3 weeks of the receipt of the RTI application under intimation to CPIO,
BSNL, NTP Circle, New Delhi. It is observed that the delay in disposing of RTI
application has occurred on account of disposal of this application being mixed up with
administrative matters of the Organization on account of which the appellant has
suffered mental anguished and harassment. Accordingly, he is awarded
compensation of Rs.2000/ to be paid by the Public Authority.
11. Ordered as above.
(Smt. Deepak Sandhu)
Information Commissioner (DS)
Authenticated true copy:
(T.K.Mohapatra)
Under Secretary & Dy. Registrar
Copy to:
1. Shri Ram Shankar Shukla,
242, Ganeshganj Urai,
Urai, Distt. Jalaun -UP
2. Shri Anil Kumar Jain,
AGM(L), CPIO, Bharat Sanchar Nigam Ltd.,
Telecom Project (Northern Zone),
Kidwai Bhawan, Janpath,
New Delhi110001
3. Shri Binod Shahi
DGM(P&A), AA, Bharat Sanchar Nigam Ltd.
Telecom Project (Northern Zone),
Kidwai Bhawan, Janpath,
New Delhi110001.