Central Information Commission
CIC/AD/A/2009/000914
Dated 4th September, 2009
Name of the Applicant : Mr. Laxmi Prasad Trivedi,
Name of the Public Authority : M/o Tele Communication
Background
1. The Applicant filed an RTI request with the CPIO , ITI , Rai Bareilly on
16.10.08 requesting for information against 6 points and a number of sub
points against each point from the period 1980 till date related to
Recruitment Rules, salaries of employees, Orders, etc. The CPIO replied on
17.10.08 informing the Applicant that information is being complied and
reply would be sent once compilation is completed. On 3.12.08, the CPIO
again communicated to the Applicant that information against points 1 to 5 is
exempt from disclosure under Section 8(1)(j) of the RTI Act as it is personal
information and that with regard to point 6, the issue of the missing file has
already been taken up by the Labour Court and sorted out. He added that
the Order of the Court is already available with the Appellant. Not satisfied
with the CPIO’s reply, the Applicant filed his first appeal before the First
Appellate Authority reiterating his request for the information. The Appellate
Authority in his Order dated 20.5.09, while setting aside the CPIO’s reasons
for not providing the information, provided point wise available information
against the 6 points. Being aggrieved with the information he received, the
Applicant filed a second appeal before the CIC once again requesting for the
information.
2. The Applicant filed his RTI application on 16.10.08 with CPIO /RTI Rai Bareilly
3. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for 4th September, 2009
4. Mr. A.K. Srivastava, CPIO and Mr. Deepak Shukla represented the Public
Authority.
5. The Applicant appeared for the hearing late, after the Respondents left due to
his train having been held up at a station on the way to Delhi.
Decision
6. The Respondent submitted that the Appellant was issued a chargesheet in
1982 and a domestic enquiry was conducted against him. After considering
the findings of the enquiry report the Appellant was removed from the
company services on 23.04.82. He further added that the Appellant has
sought exhaustive information covering 6 points and each point having
multiple queries, which is 30 years old. With regard to point 6 of the RTI
request regarding his personal file, the Respondent stated that the same is
not available in the Office and this issue was already sorted out. He
presented the statement of the enquiry officer who during the domestic
enquiry proceedings stated that the Appellant himself had allegedly
deliberately stolen /misplaced his own file. According to him the very fact that
the Appellant keeps referring to documents which are in the missing file,
suggests that the file is with the Appellant although he pretends that it is
not. This is also evidence from the fact that the appellant keeps referring to
several letters and other documents which were in the missing file and of
which only he is aware of. .
4. The Commission reviewed the information sought and that which was
provided and noted that information sought is voluminous, concerns a variety
of issues and is spread across nearly 30 years and, therefore not available
against most of the points. The Commission also noted that available
information in respect of all the points has been provided by the Appellate
Authority vide his letter dated 20.05.09.
5. The Commission after reviewing the RTI request advises the Appellant to seek
information which is more recent with regard to point 1 and directs the CPIO
to allow inspection of files by the Appellant and to provide him with certified
copies of documents which he requires and holds that remaining information
has already been furnished to the Appellant. With regard to point 6, the
Respondent may give an affidavit to the Appellant about the missing file and
the reasons for its non-availability. Inspection to be completed and all
information to be provided by 25th September 2009. The appeal is accordingly
disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Assistant Registrar
Cc:
1. Mr. Laxmi Prasad Trivedi,
S/o Shri Veerbhrad Prasad Trivedi,
Aacharya Nagar,
Near Alok Vidyalaya,
Lal Ganj, Distt – Raibareilly,
Raibareilly.
2. The CPIO
ITI Limited,
Doorbhash Nagar,
Raibareilly-229010.
Uttar Pradesh.
3. The Appellate Authority
ITI Limited,
Doorbhash Nagar,
Bengalaru-560016.
4. Officer in charge, NIC
5. Press E Group, CIC