Central Information Commission Judgements

Mr.A.Suryarao vs Department Of … on 30 January, 2009

Central Information Commission
Mr.A.Suryarao vs Department Of … on 30 January, 2009
             Central Information Commission
                                                          CIC/AD/A/X/09/00079

                                                          Dated January 30, 2009

Name of the Appellant                  :   Mr.A.Suryarao

Name of the Public Authority           :   1)Department                   of
                                           Telecommunications
                                           2)CPIO, O/o CGMT, BSNL Hyderabad


Background

1. The Appellant filed an RTI request dt.28.7.08 with the CPIO, DoT. He stated
that the office of General Manager Telecom District, Visakhapatnam had
contemplated a disciplinary case under CCS(CCA) Rules, 1965 by issuing
three letters dt.22.1.96, 12.2.96 and 11.3.96. He sought a copy of
presidential order based upon which the said disciplinary case has been
continuing after superannuation. The CPIO, DoT transferred the application
to CPIO, BSNL CO on 1.8.08. The Appellant filed an appeal dt.8.9.08 with the
Appellate Authority reiterating his request for the information. Not receiving
any reply, the Appellant filed a second appeal dt.3.11.08 before CIC.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing on January 30, 2009.

3. Mr. Suresh Kumar, DGM(MIS), BSNL and CPIO represented the Public
Authority.

4. The Appellant was not present during the hearing.

Decision

5. The Respondent submitted that the Appellant was charge sheeted when in
service and a minor penalty was awarded on the basis of the Presidential
order issued in the year 1996. He further stated that the Competent
Authority which possesses the Presidential order is the CPIO, Office of CGMT,
BSNL, Hyderabad(A.P.). The Commission accordingly directs the CPIO,
CGMT, BSNL, Hyderabad to provide a certified copy of the Presidential Order
sought in the RTI application dt. 28.7.08,to the Appellant within 15 days of
the receipt of this Order.

6. The appeal is disposed off.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(K.G.Nair)
Designated Officer

Cc:

1. Mr. A.Suryarao
Retd. Senior Telegraph Master (O)
Door No.10-53-162
EWS Flat – I, Block-16
Nehru Nagar Colony
Ram Nagar Area
Visakhapatnam 530 002

2. The CPIO
Department of Telecommunications
Sanchar Bhavan
20 Ashoka Road
New Delhi 110 001

3. The CPIO,
Office of CGMT,
BSNL
Hyderabad(A.P)

4. The Appellate Authority
BSNL Corporate Office
9th Floor, A-Wing, Statesman House
B-148 Barakhambha Road
New Delhi 110 001

5. Officer in charge, NIC

6. Press E Group, CIC