Central Information Commission
CIC/AD/A/X/09/00007/AD
Dated January 23, 2009
Name of the Appellant : Mr.Sukhbir Singh
Name of the Public Authority : BSNL, Chandigarh
Background
1. The Appellant filed an RTI request dt.11.2.08 with the CPIO, BSNL,
Amritsar. The Appellant wanted information against 21 points. The
CPIO replied on 3.4.08. The Appellant filed an appeal dt.15.4.08 with
the Appellate Authority. The Appellate Authority replied on 30.6.08.
The Appellant filed a second appeal dt.Nil before the CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner,
scheduled the hearing on January 23, 2009.
3. Mr. Surinder Kumar, APIO & DG M (P&A), Mr. A.K. Sharmam CPIO and
GM(A) and Mr. Anoop Prasad, AD(RTI) represented the Public
Authority.
4. The Appellant was not present during the hearing.
Decision
5. The Respondent submitted that the Appellant Mr. D.N. Heera filed an
RTI application seeking information in respect of one Mr. Sukhbir
Singh from Amritsar, against 15 points. Since this was third party
information, the CPIO, BSNL Chandigarh, under section 11(1) of the
RTI Act, wrote to the third party (Mr. Sukhbir Singh) on 18.3.08
inviting him to send his submission regarding disclosure of the
information . On not receiving any reply from the third party a
reminder was sent on 31.3.08. Meanwhile, a letter was received by
the CPIO from the third party indicating the third party’s approval for
releasing the information to the Appellant (Mr. D.N.Heera), on 3.4.08.
More than 6 months after Mr. Heera received the information, in
October,2008, Mr. Sukhbir Singh, who is the third party filed a second
appeal under section 19(3) requesting that penalty be imposed and
Departmental action be taken for the delayed information provided.
6. In view of the fact that the submission had to be received from the
third party after a reminder, the Commission holds that there was no
delay in providing the information to the Appellant and also that since
the 2nd appeal has been filed by an individual different from the person
who had filed the RTI request, the appeal is invalid and rejects the
appeal.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(K.G.Nair)
Designated Officer
Cc:
1. Mr.Sukhbir Singh
Sr. Tech Supervisor
H.No.7, Diamond Avenue
Majitha Road
Amritsar
2. The CPIO &
The General manager
Bharat Sanchar Nigam Limited
O/o Chief General Manager
Punjab Telecom Circle
Chandigarh
3. The Appellate Authority &
The ChiefGeneral manager
Bharat Sanchar Nigam Limited
O/o Chief General Manager
Punjab Telecom Circle
Chandigarh
4. Officer in charge, NIC
5. Press E Group, CIC