Central Information Commission
CIC/AD/C/08/00165
Dated March 16, 2009
Name of the Applicant : Mr.C.S.Raghavendra Rao
Name of the Public Authority : BSNL, Bangalore
Background
1. The Applicant filed an RTI application dt.13.11.08 with the CPIO, BSNL,
Bangalore. He requested for the following information:
Duly certified copy of two letters dt.24.10.08 and 29.10.08 forwarded to the
AO (Cash), Mobile services, O/o GM(O)MS-I, CGMT Compound, Ulsoor,
Bangalore by Shri T.G. Nagarajaiah, SDE, Tender & General Section, BSNL,
Mobile Services O/o GM(O) MS-1, 3rd Floor, CGMT Compound, Ulsoor,
Bangalore for stoppage of salary for the month of Oct.2008 in respect of Smt.
H. R. Sumangala, STS(P), T&G Section, O/o AGM(A), BSNL. The CPIO replied
on 6.12.2008 stating that the information is exempted under section 8(1) (j)
& (e) and that there is no larger public interest involved and it is fiduciary in
relationship between administration & employees. The Applicant then filed an
appeal before the Appellate Authority and on not receiving any reply, he filed
a second dt.24.12.08 before the CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for March 16, 2009.
3. Mr. G. Prakash Rao, DGM(Staff), O/o CGM, Bangalore & Mr. A.Y. Katageri,
CAPIO and AGM (EST) represented the Public Authority.
4. The Applicant was present during the hearing.
Decision
5. The Respondents submitted that they were not aware that Mrs. Sumangala
was the wife of the Applicant and that had they known that she was the
applicant’s wife they would have provided the information. As such they
refused the information under Section 8(1)(j). While noting that the two
letters which the Appellant had referred to in his RTI application, actually
relate to the Appellant’s wife, the Commission, decided to treat them as third
party information and accordingly directs the CPIO to obtain written or oral
submission from the third party (Mrs. H.R. Sumangala) regarding whether the
information should be disclosed and based on such submission provide
certified copies of the two letters to the Appellant by 10 April 2009. The
Commission also directs the CPIO to show cause why a penalty of Rs.250/-
per day should not be imposed on him for not getting the submission from
the third party and providing the information to the Applicant within the
mandatory period. The response to reach the Commission within 15 days of
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.C.S.Raghavendra Rao
No.67/D ‘Shree’ Nivasa
2nd Main, Vittalanagar
Chamarajpet
Bangalore 18
2. The CPIO &
General Manager (A)
Bharat Sanchar Nigam Limited
O/o Chief General Manager Telecom
Karnataka Circle
Room No.202, 2nd Floor
BSNL House
Halasuru
Bangalore 560 008
3. Officer in charge, NIC
4. Press E Group, CIC
