Central Information Commission
CIC/AD/C/2009/000722
Dated 10th December, 2009
Name of the Applicant : MR. BIRENDRA PRASAD SINHA
Name of the Public Authority : BSNL, PATNA
Background
1. The Applicant filed his RTI application on 22.04.09 with the G.M.(A)-cum-CPIO, CGMT,
BSNL, Patna seeking information about whether any vigilance/disciplinary/court case
in respect of Sr. Telegraph Master, Patna was held during his service period and is still
pending against him and also whether payment of R.G. & Commutation of pension has
been still retained or released for the officials. On not receiving any reply from the
PIO, the Applicant filed a Complaint before the CIC on 13.07.09 reiterating his
request. A Notice was issued by the CIC dated 29.10.09 directing the PIO to provide
information and also to respond to the show cause Notice issued to him for not
furnishing the information on time and directing him to appear before the Commission
on 10.12.09 with the relevant files and documents.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing on 10th December, 2009.
3. Mr. Bijay Chandra Jha, DGM (Admn.) & CPIO represented the Public Authority.
4. The Complainant was not present during the hearing.
Decision
5. The Complainant in his letter dated 08.12.09 addressed to the CPIO and endorsed to
the Commission explained why he considers that information provided to him is
completely contradictory from facts and circumstances.
6. The Respondent however, in his written submission dated 27.11.09 stated that the
Complainant has been furnished complete and correct information as sought by him on
27.11.09 by speed post. He explained that the RTI application dated 26.11.08
addressed to Mr.A.K.Srivastava, CPIO, O/o the Chief General Manager, Bihar Circle,
was received by the CPIO only on 16.5.09 and that in pursuance of the RTI application
dated 22.04.09, the CPIO wrote letters dated 18.05.09 to the D.E. (Vigilance) PTD,
Chief Superintendent (CTO) PTD and Asstt. General Manager (Admn.) PTD, Chief
Superintendent (CTO) PTD and to Asst. General Manager (Admin) for furnishing the
information. The compliances from C.S.(CTO) and D.E.(Vigilance) were received on
19.05.09. He added that reminders were then sent to AGM (Admin) PTD on 30.5.09
and further reminder was also given on 14.7.09. The AGM(Admin) finally furnished
the information on 16.7.09 . He added that all the information received were compiled
and a rely sent to the Complainant on 20.7.09.
7. The Respondent further added that the information was once again given to the
Complainant on receipt of the Notice from the Commission and that the Complainant
had acknowledged its receipt on 08.12.09. He emphasized the fact that efforts were
made to collect the information and that the Complainant was informed about the
action being taken at every stage . After reviewing the submission by the Respondent,
the Commission observed that there is no willful withholding of information by the
CPIO, O/o the Chief General Manager, Bihar Circle and accordingly condones the
delay in furnishing of the information and drops the penalty proceedings against the
CPIO. The Commission, however, directs the AGM (Admin) PTD , while considering
him to be the deemed PIO under Section 5 (5) of the RTI Act, to showcause why a
penalty should not be imposed on him for the delay in furnishing the information. The
response to reach the Commission by 15 January, 2010. The Complaint is accordingly
disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Assistant Registrar
Cc:
1. Mr. Birendra Prasad Sinha
Road No.6 “Usha Kunj”
Moh. Ashok Nagar
P.O. Kankarbagh
Patna – 800 020.
2. The PIO
Bharat Sanchar Nigam Limited
O/o the C.G.M Telecom
Bihar Telecom Circle
Patna.
3. The Appellate Authority
Bharat Sanchar Nigam Limited
O/o the C.G.M Telecom
Bihar Telecom Circle
Patna.
4. Officer in charge, NIC
5. Press E Group, CIC