Central Information Commission
CIC/AD/A/X/09/00102
Dated February 5, 2009
Name of the Appellant : Mr.Girija Somani
Name of the Public Authority : BSNL, New Delhi
Background
1. The Appellant filed an RTI application dt.9.6.08 with the CPIO, BSNL. He
requested for certified and readable copies of orders under which Mr.Lala Ram
SDE (C) Dot Staff No.90707- HR No.197603531 has been denied next
promotion to the post of EE (C) whereas Shri Chandra Bhushan Jt.DDG (BW)
has been promoted to next post of CE (C) under similar circumstances and in
violation of Right to Equality part (III) Fundamental Right. The APIO replied
on 17.4.08 (?) (signed on 17.6.08) ) requesting the Appellant to send two
more sets of application and attached documents. The Appellant in his letter
dt.10.7.08 stated that there is no such provision in the RTI Act which makes
mandatory to apply in 3 sets. However, he enclosed two more sets as
desired by the APIO. The CPIO replied on 1.9.08 enclosing the copy of rules
under which promotion case of Shri Lala Ram has been decided. The
Appellant filed an appeal dt.24.9.08 with the Appellate Authority. On not
receiving any reply, the Appellant filed a second appeal dt.18.11.08 before
CIC
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing on February 5, 2009.
3. Mr. Suresh Kumar DGM(MIS), BSNL & CPIO and Mr. Sandeep Sood
represented the Public Authority.
4. The Appellant’s representative was present during the hearing.
Decision
5. The Appellant informed that the RTI request is related to the non promotion
of a certain individual from the post of SDE to EE (Civil) since he got adverse
entry in the ACR and his promotion at a later date based on the same ACR.
The appellant wanted to know why the individual was not promoted in the
first instance. The Respondent submitted that the individual was not
promoted due to adverse entry in his ACR and subsequently based on his
representation, his case was reconsidered and reviewed and he was given the
promotion. After hearing both the parties, the Commission holds that no
information is being sought and advises the appellant to approach the Staff
Grievance Cell for redressal of his grievance.
6. The appeal is rejected.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(K.G.Nair)
Designated Officer
Cc:
1. Mr.Girija Somani
Advocate
1/1961, Modern Shahdra
Shahdra
Delhi 110 032
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