Central Information Commission
CIC/AD/A/2009/001363
Dated 3rd November, 2009
Name of the Applicant : DR. O.P. VERMA
Name of the Public Authority : MTNL
Background
1. The Applicant filed his RTI application on 10.06.09 with the PIO, MTNL, Delhi
requesting for
a) reasons for which no action has been taken on his representation.
b) Who are responsible for taking action?
c) When the 2 pillars would be removed.
The PIO replied on 03.07.09 providing the information. Not satisfied with the
reply, the Applicant filed his First Appeal on 20.07.09 commenting on the
reply of the PIO. The Appellate Authority replied on 20.08.09 stating that the
desired information has been provided to the Appellant vide the Chief General
Manager’s letter dated 20.8.09. As per the letter, the pillars have been
installed 12 to 13 ft. from the Applicant’s residence , on common land and not
in front of the Appellant’s house as alleged by him. He also stated that it is
evident that the pillars did not obstruct the path to the Appellant’s house
when they were installed and that the Appellant has put up his shutters
almost 10 years later. He further added that the Appellant is wrong in his
saying that the pillars have been installed to obstruct the path to his house
and not in public interest . According to the CGM, in the light of absence of
open area and the traffic condition, it is also not possible to merge the two
pillars into one. The CGM also refused to accept 3 of the 4 alternatives
suggested by the Appellant for removal/shifting of the pillars. Being
aggrieved with the reply, the Appellant filed a Second Appeal before the CIC
on 11.09.09 giving a brief description of the issue and requesting for the
information to be provided expeditiously.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing on 3rd November, 2009.
3. Mr. S.P.Singh, DGM(EM) & CPIO, Mr. R. Bhagwan, AGM (RTI-Appeal) and
Mr.Awdesh Kumar, AM(SHD) represented the Public Authority.
4. The Applicant was present during the hearing.
Decision
5. The Respondent submitted a letter dated 20.08.09 to the Commission during the
hearing requesting the Commission to take action to shift SHD Pillar 253X from
its position in front of his main gate. The Appellant stated that the information
provided by the CPIO that the Pillars were installed as per rules and also that the
shutters of his house have been put up 10 years after installation of the pillars is
wrong. He produced photographs to substantiate his contention that no car nor
any other vehicle can be parked near his house because of the path to his house
being obstructed by the pillars. Since the CGM has not accepted three of his 4
suggestions, e wanted to know whether the remaining 4th suggestion is agreeable
to MTNL or not, as sought already in the RTI application. He also wanted to know
the names of the Officers of MTNL who were responsible for dealing with his
complaints.
6. After hearing both sides, the Commission directs the CPIO to allow inspection of
files by the Appellant in respect of action taken on his complaints and the officers
who had dealt with them and to provide him with certified copies of documents
he requires as also of the file notings in this regard. The information in respect
of suggestion 4 in second appeal may also be provided. All information to be
provided by 25th November, 2009. The Appellant to provide a compliance report
to the Commission.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Assistant Registrar
Cc:
1. Dr. O.P. Verma,
H.No. B-355/A
Ashok Nagar,
Near Tyagi Dairy,
Main Mandoli Road,
Delhi – 110 093.
2. The PIO
Mahanagar Telephone Nigam Limited
O/o the Chief General Manager (O)
K.L. Bhawan, New Delhi.
3. The Appellate Authority
Mahanagar Telephone Nigam Limited
O/o the Chief General Manager (O)
K.L. Bhawan, New Delhi.
4. Officer in charge, NIC
5. Press E Group, CIC