Central Information Commission
CIC/AD/C/2009/000940
Dated December 9, 2009
Name of the Applicant : Shri K.N.Rajagopala Ganakan
Name of the Public Authority : Dept. of Telecommunications
Background
1. The Applicant filed an RTI application dt.16.6.09 with the PIO, BSNL, Trivandrum
requesting for information against 5 points with regard to DPC meetings held between
1.1.93 and 31.5.01 for the post of Divisional Engineer and vacancies of Divisional
Engineer etc. The Applicant filed a complaint dt.22.9.09 before CIC stating that Shri
George T.Mathai, CPIO, BSNL in his reply dt. 13.7.09 has informed him that
information is not available with him and that he should BSNL Corporate Office for the
information. The copy of the RTI application was submitted to BSNL, Ernakulam on
14.7.09 for transfer to DoT and was transferred to DoT on 17.7.09. Since then, as per
the Applicant’s submission, no information had been received by him. The CIC vide its
order dt.29.10.09 directed the PIO to provide the information by 30.11.09 and to show
cause in writing for the delay in furnishing information, by 4.12.09.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing
for December 9, 2009.
3. Shri R.R.Tiwari, CPIO represented the Public Authority.
4. The Complainant was not present during the hearing
Decision
5. Shri B.K.Singh, CPIO vide his letter dt.30.11.09 submitted that RTI application was
received on 21.7.09 and reply was provided on 10.9.09. Not satisfied with the reply,
the Complainant filed an appeal dt.7.10.09 with the Appellate Authority who
responded to it on 10.11.09. He also enclosed both the replies along with his letter.
6. The Commission after reviewing the information provided directs the CPIO to allow
inspection of files by the Complainant on a mutually convenient date and time and to
provide him certified copies of documents identified, free of cost by 10.1.10.
7. The Commission while reviewing the submission made by the Respondent for the
delay in furnishing the information, observed that Shri R.R.Tiwari has not provided any
reasonable cause for the delay of 20 days between the time of one month after receipt
of RTI application on 21.7.09 i.e from 21.8.09 and the reply dt.10.9.09. Accordingly,
it has been decided to impose a penalty of Rs.5,000/- on Shri R.R.Tiwari. Shri
R.R.Tiwari, Director (Staff) & CPIO is directed to pay a sum of Rs.5,000/-. The
Appellate Authority is directed to recover the amount of Rs.5,000/- from the salary
payable to Shri R.R.Tiwari, Director (Staff) and CPIO by way of Demand Draft drawn in
favour of ‘PAO CAT’. The Demand Draft should reach the Commission by 10th
February 2010 and it should be addressed to Shri G.Subramanian, Under
Secretary & Deputy Registrar, Central Information Commission, Club
Building, Old JNU Campus, New Delhi 110 067.
8. The complaint is accordingly disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Deputy Registrar
Cc:
1. Shri K.N.Rajagopala Ganakan
Souparnika
H.No.33/3227
Vennala P.O
Kochi 28
2. Shri R.R.Tiwari
The CPIO &
Director (Staff)
STG-III Section
Department of Telecommunications
R.No.419, Sanchar Bhawan
20, Ashoka Road
New Delhi 110 001
3. Shri A.K.Das
The Appellate Authority &
DDG (Estt.)
STG-III Section
Department of Telecommunications
R.No.419, Sanchar Bhawan
20, Ashoka Road
New Delhi 110 001
4. Officer incharge, NIC
5. Press E Group, CIC