Central Information Commission Judgements

Mr. Kailash Chandra Panda vs Bsnl, Koraput on 11 December, 2009

Central Information Commission
Mr. Kailash Chandra Panda vs Bsnl, Koraput on 11 December, 2009
              Central Information Commission
                                                                   CIC/AD/C/2009/000933
                                                                 Dated 11th December, 2009



Name of the Applicant                       :   MR. KAILASH CHANDRA PANDA


Name of the Public Authority                :   BSNL, KORAPUT

Background

1. The Applicant filed his RTI application on 25.08.09 with the CPIO / GMTD, Koraput
seeking information regarding BSNL approved job contractor’s bill for the month of
May 2009 for 5 job contracts. On not receiving any reply from the CPIO, the Applicant
filed a Complaint before the CIC on 17.09.09 seeking information. A Notice was issued
by the CIC dated 06.11.09 directing the PIO to provide information and also to
respond to show cause Notice issued to him for not providing the information and to
appear before the Commission on 11.12.09 with the relevant files and documents.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing on 11th December, 2009.

3. The Public Authority was not present.

4. The Complainant was heard over telephone during the hearing.

Decision

5. In a letter dated 05.12.09 addressed to the D.G.M-cum-CPIO, O/o the GMTD,
Koraput endorsed to the Commission by the Complainant, the Commission noted that
27 pages of information was received by the Complainant on 01.12.09. The
Complainant however, stated in the letter that work orders according to which work
was carried out by the contractors have not been provided by the CPIO and also
copies of the back side of the bills where the Pay order number and certificate of the
controlling officers are available. He requested for certified copies of work orders of all
the sections of Koraput Telecom District before commencement of job contract work
for the month of May, 2009 and also certified copies of the back side of the
contractors’ bills.

6. The Complainant reiterated his complaint when contacted over the telephone. The
Commission, accordingly directs the CPIO to provide this information to the
Complainant by 15 January, 2010. The Commission also observed that despite the
show cause notice , the CPIO has not provided any explanation to the showcause
notice and is constrained to impose a penalty on the CPIO for delay of 60 days in
furnishing the information amounting to Rs.15,000/- to be recovered from the salary
of the CPIO, by the Appellate Authority in five equal monthly installments. The
penalty should be paid by way of a Demand Draft drawn in favour of ” PAO, CAT”
payable at New Delhi and to send the same to Sh. G. Subramaniam, Deputy
Registrar & Under Secretary, Central Information Commission. The first
installment should reach by end January, 2010 and the last by end May, 2010. The
Complaint is accordingly disposed off.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G. Subramanian)
Assistant Registrar

Cc:

1. Mr. Kailash Chandra Panda
S/o Shri Niranjan Panda
Telephone Bhawan
Malkangiri Colony
Orissa – 048.

2. The PIO
Bharat Sanchar Nigam Limited
O/o the G.M. Telecom District
Koraput District
Koraput

3. The Appellate Authority
Bharat Sanchar Nigam Limited
O/o the G.M. Telecom District
Koraput District
Koraput

4. Officer in charge, NIC

5. Press E Group, CIC