Central Information Commission
CIC/AD/C/2009/000673
Dated November 12, 2009
Name of the Applicant : Shri Bhupinder Kumar
Name of the Public Authority : BSNL, Ludhiana
Background
1. The applicant filed a RTI application 16.3.09 with the PIO, BSNL, Ludhiana
requesting for the following information:
i) Complete details of all outgoing calls & GPRS with costs between 10.2.09
to 20.2.09.
ii) What protective measures are taken in respect of mobile consumers for
any misuse / hacking of their mobile numbers without their knowledge or consent
and details of any or all such similar complaints so far received from 1.1.09 till
date and remedial action / relief provided to such mobile subscribers or results
thereof.
On not receiving any reply, the Applicant filed an appeal dt.28.4.09 with the
Appellate Authority. On still not receiving any reply, the Applicant filed a
complaint dt.10.7.09 before CIC reiterating his request for the information. The
CIC vide its order of even No. dt.29.9.09 directed the PIO to provide information
to the Complainant by 30.10.09 and directed him to furnish an explanation to the
show cause notice issued by the Commission for the delay, by 5.11.09.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for November 12, 2009.
3. The Respondents were absent during the hearing.
4. The Complainant was present during the hearing.
Decision
5. The Complainant submitted that the PIO vide his letter dt.4.4.09 had requested
him to deposit Rs.10/- towards supply of 5 pages of information and added that
he had received it only on 25.4.09. He also added that Appellate Authority had
passed an order dt.30.5.09 directing the PIO to remind him (the Complainant)
telephonically to deposit the required amount and that the custodian of the
information should also be intimated to supply the remaining information, if any,
which should also be supplied to the applicant in minimum possible time. The
Respondent further added that the PIO vide his letter dt.11.9.09 had informed
hm that desired information has already been sent and that no information
regarding cost of calls has been recd from CMTS, Chandigarh. Also no
information with regard to point 2 has been received.
6. The CPIO, GMTD, BSNL, Ludhiana in response to the show cause notice submitted
a rejoinder dt.10.11.09 stating that the Complainant was asked to deposit Rs.10/-
on 4.4.09 regarding the call details and the same were provided to him on
30.5.09 on their receipt from Chandigarh.
7. After hearing the submission of the Complainant and taking note of the
explanation provided by the Respondent, the Commission holds that available
information has been provided well in time and accordingly drops the penalty
proceedings.
8. The Commission directs the PIO, BSNL, Ludhiana to provide information against
point 2 by 15 December, 2009.
9. Furthermore , the Commission directs the PIOs of BSNL, Chandigarh and
Ludhiana to provide independent affidavits on non-judicial stamp paper stating
that information available on records has been provided against point 1 and no
further information is available with them in this regard to the applicant. In the
event information against point 2 is not available information about the non
availability to be included in the affidavit. A copy of information furnished already
to be sent once again to the Complainant. In view of the fact that the information
has been provided well with the stipulated period the penalty proceedings against
the PIO Ludhiana are dropped.
10. The information against point 2 as well as the affidavit should reach the
Complainant by 15.12.09.
11. The Complainant is directed to submit a compliance report by 25.12.09.
12. The complaint is disposed of with above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Asst. Registrar
Cc:
1. Shri Bhupinder Kumar
651, Aggar Nagar
Ludhiana
2. Shri S.K.Jain
The CPIO &
Dy. General Manager (Admn.)
Bharat Sanchar Nigam Limited
O/o General Manager Telecom District
Ludhiana
3. The CPIO
Bharat Sanchar Nigam Limited
O/o General Manager (NW – Opns)-CM
New Telephone Exchange Building
Sec.49C
Chandigarh 160 047
4. Officer incharge, NIC
5. Press E Group, CIC