Central Information Commission Judgements

Mr.Shiv Kumar Gupta vs Bsnl, Patna on 5 March, 2009

Central Information Commission
Mr.Shiv Kumar Gupta vs Bsnl, Patna on 5 March, 2009
              Central Information Commission
                                                          CIC/AD/C/X/09/00033

                                                             Dated March 5, 2009

Name of the Applicant                   :   Mr.Shiv Kumar Gupta

Name of the Public Authority            :   BSNL, Patna

Background

1. The Applicant filed an RTI application dt.4.4.08 with CPIO, BSNL, Patna. He
requested for information on the action taken on his representation dt. 2.5.07
sent along with map of the land of village Mosaldinga in Kishanganj district of
Bihar for installation of towers . He also wanted copies of the final agreement
and of the person with whom the agreement was made. The CPIO replied on
5.7.08 informing the applicant that no letter dated 2.5.07 was received by
him Without appealing before the First Appellate Authority, the applicant
filed a complaint before the CIC on 8.9.08.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for March 5, 2009.

3. Mr. S.R. Singh, Exec. Engineer (Civil), Civil Divn. Hajipur represented the
Public Authority.

4. The Applicant was not present during the hearing.

Decision

5. The Respondent submitted that an advertisement. was published in the
newspapers for renting land for installation of towers. The last date for
application was 28.2.07 and later the last date was extended to 9.3.07. The
Respondent stated that he had not received any application from the
Complainant and that the Complainant himself admitted that he had not
applied till 9.3.07. According to the Respondent, even if he had received the
application he would have rejected it since it would be dated after the expiry
date. The Respondent also stated that in his reply dt. 4.3.09, the
Complainant was informed that the third party with whom the agreement was
made, on being contacted, refused to disclose the information to the
Complainant. The Respondent however provided the Complainant with a copy
the Order on selection of land.

6. The Commission is of the opinion that all available information has been
provided and accordingly disposes off the appeal.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(K.G.Nair)
Designated Officer

Cc:

1. Mr.Shiv Kumar Gupta
Vill & Post – Matdala Road
Thakurganj
Kishanganj

2. The CPIO
Bharat Sanchar Nigam Limited
O/o Chief General Manager Telecom
Bihar Circle
Patna

3. Officer in charge, NIC

4. Press E Group, CIC