Central Information Commission
CIC/AD/C/X/09/00123
Dated February 26, 2009
Name of the Applicant : Mr.I.S.Malik
Name of the Public Authority : MTNL
Background
1. The Applicant filed an RTI request dt.16.10.08 with the CPIO, MTNL. He
requested the following information :
i) Copy of notesheets and correspondence between GM (Law) & GM
(Vig.) with regard to disciplinary case of Shri I.S.Malik, Sr.AO (PIL)
ii) Copy of the inquiry report conducted by Shri T.C.Yadav IO i.r.o Shri
I.S.Malik, Sr.AO(PIL)
iii) Copy of the notesheet on which decision on the chargesheet
dt.26.8.04 issued to Shri I.S.Malik was recommended and taken by
Competent authority.
iv) Copy of notesheets and correspondences between Vigilance wing with
copies of investigations and recommendations made by the Vigilance Wing of
Delhi unit in respect of charge sheet issued to Shri I.S.Malik, Sr.AO (PIL)
v) Copy of notesheets and correspondences between Vigilance wing with
copies of investigations and recommendations made by the Vigilance Wing of
Corporate Office of MTNL in respect of charge sheet issued to Shri I.S.Malik,
Sr.AO (PIL)
vi) Copy of notesheet on which the recommendation of imposing penalty
was taken by Vigilance Wing of Delhi unit
vii) Copy of notesheet on which the recommendation of imposing penalty
was taken by Vigilance Wing of Corporate Office of MTNL
viii) Copy of notesheets in which the decision was taken by Shri V.Shiv
Kumar Dir (HR) in the chargesheet issued to Shri I.S.Malik, Sr.AO(PIL)
ix) Copy of the notesheet on which the decision on the appeal preferred
by Shri I.S.Malik, Sr.AO(PIL) was recommended and decided and rejected by
Hon’ble CMD on 26.7.06.
x) Copy of notesheets on which recommendations of vigilance in review
petition preferred by the applicant was taken and decided by CMD on
24.9.08and was conveyed vide letter dt.24.9.08 which has been served to the
applicant on 3.10.08.
The CPIO replied on 12.11.08 enclosing a note from GM (Vigilance
dt.10.11.08 providing the copy of the inquiry report and denying the
information with regard to point iii to x u/s 8(1)(e), in order to ‘protect
interests’. Not satisfied with the reply, the applicant filed an appeal
dt.19.11.08 with the Appellate Authority. On not receiving any reply, he filed
a second appeal dt.22.12.08 before CIC. The Appellant then received point
wise information from the General Manager (Vigilance) & Deemed PIO, based
on the approval of the Appellate Authority.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing on February 26, 2009.
3. Mr. M.P. Singal, GM(OP) & CPIO, Mr. J.K. Jain, CAO(Vig.), Mr. C.B. Singh,
SDE, Mr. M.K. Sharma, SDE(Vig) and Mr. A.K. Gupta, SDE represented the
Public Authority.
4. The Applicant was present during the hearing.
Decision
5. The Appellant submitted that while GM(Vig.), who is deemed PIO, replied on
25.2.09 stating that no correspondence was made with the Vigilance Cell,
Corporate Office in this regard and had also denied information under Section
8(1)(e) , he later furnished, vide letter dated 7.2.09 all the information which
he had denied earlier. The Appellant questioned how this is possible and
stated that this can be termed as deemed refusal. The Respondents stated
that the information was denied since an investigation was ongoing and was
considered as being held under fiduciary relationship and that the information
was provided only after the First Appellate Authority agreed for release of
information, which was then provided vide letter dated 11.2.09 and before
that it was denied because investigation was going on.
6. The Appellant stated that he now only wants the recommendations of the
Director, during the decision making on the appeal and review petitions filed
by him. Accordingly, with regard to Point No.10, the CPIO is directed to allow
the Appellant to inspect the relevant file and provide him with certified copies
of all the information required by him including the recommendations of the
Director, within 15 days of the receipt of this Order.
4. The appeal is disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(K.G.Nair)
Designated Officer
Cc:
1. Mr.I.S.Malik
Sr.AO (PIL)
Mahanagar Telephone Nigam Limited
Eastern Court
2nd Floor
Room No.207
New Delhi
2. The CPIO &
General Manager
Mahanagar Telephone Nigam Limited
K.L.Bhawan
Janpath
New Delhi 110 001
3. The Appellate Authority &
Chief General Manager
Mahanagar Telephone Nigam Limited
K.L.Bhawan
Janpath
New Delhi 110 001
4. Officer in charge, NIC
5. Press E Group, CIC