Central Information Commission
CIC/AD/A/2009/001359
Dated November 5, 2009
Name of the Applicant : Shri Shiv Kumar
Name of the Public Authority : BSNL, Ghaziabad
Background
1. The Applicant filed an RTI application dt.8.7.09 with the CPIO, BSNL,
Ghaziabad requesting for information against 4 points including
information about various telephone poles which have been removed
with cables, bracket etc from various places in Ghaziabad and also the
dates of removal and the stores in which the items have been stored
and information recorded in the measurement books. He also wanted
to know the names of the officers who had given the orders for their
removal and the number of poles which had been removed. In the
event the details of items stored have not been entered in the
Measurement Book in any store, he wanted to know the name of the
officer who had sold the items in the market and the action taken
against that officer. On not receiving any reply, he filed an appeal
dt.8.8.09 with the Appellate Authority stating that even after 30 days,
he has not received the information. The CPIO instead of the
Appellate Authority replied on 18.8.09 providing point wise
information. He also stated that no officer has given any such orders
to remove the old telephone lines and that they are not aware of any
information about the removal of the items. He further added that
information related to sale of any of the items in the market is also not
available in the records. Being aggrieved with the reply, the Applicant
filed a second appeal dt.19.9.09 before CIC once again seeking
information against the points in his application.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner,
scheduled the hearing for November 5, 2009.
3. Shri D.K.Singh, CPIO and Shri Jagdish singh, Asst. Director (Admn)
represented the Public Authority.
4. The Applicant was present during the hearing.
Decision
5 The Respondent submitted that the Appellant had not indicated the
period for which he is seeking the information. Also no information as
sought by the Appellant is available in their records. The Appellant
stated that when he visited the places 4 years ago, the pillars and the
telephone lines were there but when he visited the same place 4
months prior to the filing of RTI application none of them could be
seen. He wanted to know what happened to them and who was
responsible for removing them.
6. After hearing the submissions from both sides, the Commission
directs the CPIO under Section 18(2) to constitute a committee, with
the Appellant as a member, to enquire into the matter including the
details of number of poles which were present in that area 4 years
ago and whether they are still there or not at present and if not what
has happened to them. The enquiry report to be provided to the
Appellant by 31.12.2009, with a copy to the Commission. The
Appellant to send a compliance report on receipt of the report.
7. The Commission directs the CPIO, BSNL, Ghaziabad to Show Cause as
to why a penalty of Rs.250/- per day should not be imposed on him for
not responding to the RTI application within the stipulated period as
prescribed under the RTI Act. The CPIO is directed to submit his
explanation in person before the Commission on 4.1.2010 at 2.45 pm.
8. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Asst. Registrar
Cc:
1. Shri Shiv Kumar
S/o Shri Sutesh Veer
R/o Village – Chhapkauli
Post – Babugarh
Ghaziabad 245 201
2. The CPIO
Bharat Sanchar Nigam Limited
O/o General Manager Telecom District
Ghaziabad
3. The Appellate Authority
Bharat Sanchar Nigam Limited
O/o General Manager Telecom District
Ghaziabad
4. Officer incharge, NIC
5. Press E Group, CIC