Central Information Commission
CIC/AD/A/2009/001070
Dated 3rd September, 2009
Name of the Applicant : MR. PRADEEP KUMAR
Name of the Public Authority : D/O TELECOMMUNICTIONS
Background
1. The Applicant filed his RTI application dated 12.01.09 with CPIO/ D/o Telecommunications,
New Delhi seeking information as follows:
(i) Whether DOT ever authorized BSNL to impose the major penalty of Dismissal from Service on
the DOT employee who was on deputation to MTNL Delhi Telephones?
(ii) Is there any rule under which DOT could authorize BSNL, which is a limited corporation
registered under Company Act to impose the penalty of dismissal from service on the DOT
employee who is on deputation to MTNL Delhi Telephones.
(iii) If reply to above para, (i) & (ii) is negative, then what action has been taken or is proposed to
be taken against the Appellate/Revising Authorities in the office of the CGM, NTR, Kidwai
Bhavan, New Delhi for maintaining unconstitutional disciplinary order, in other words for
violating the constitution of India and corresponding Rules 20 and 21 of CCS (CCA) Rules,
1965.
2. The CPIO replied vide letter dated 18.02.09 stating that with regard to point 4 of the RTI
application, the Department had issued instructions vide letter dated 08.02.01 regarding
Disciplinary Authorities / Appellate Authorities in respect of employees of Department of
Telecom, erstwhile Department of Telecom Services and Department of Telecom Operations,
who had been transferred to BSNL with effect from 01.10.2000 on deemed deputation
allowance. He enclosed an attested copy of the letter issued is enclosed.
3. Not satisfied with the reply, the Appellant filed a First Appeal on 10.03.09 reiterating his
request for information sought in his RYI application.
4. The First Appellate Authority replied vide letter dated 17.06.09 stating that the copy of letter
No. 13-3/2000-Vig.-III dated 08.02.01regarding disciplinary / Appellate Authority in respect of
employees of erstwhile Department. of Telecom Services & Department of Telecom Operations
transferred to BSNL on deemed deputation basis was furnished to the Applicant. He also
added that mention of DOT employees on deputation to MTNL is not made in the said Order
dated 8.2.01. A letter dated 30.5.01 was issued subsequently clarifying that existing
Authorities in Office of CGM, NTR , Delhi and CGM Maharashtra Circle Mumbai will continue to
institute and decide the disciplinary cases of Group B, C and D employees on deputation to
MTNL , Delhi and Mumbai respectively as was being done hitherto. Being aggrieved by the
response of the Appellate Authority, the Appellant filed an Appeal before the CIC on
08.06.2009 alleging that he had been supplied incorrect and misleading information.
5. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing on 3rd
September, 2009.
6. Mr. Sukhbir Singh, CPIO and Mr. Anup Singh represented the Public Authority.
7. The Applicant, Shri Pradeep Kumar was present during the hearing.
Decision
8. The Respondent submitted that the Applicant was informed vide letters dated 18.02.09 and
17.04.09, by the CPIO and Appellate Authority respectively about the procedure for handling
of disciplinary cases of MTNL employees after formation of BSNL. In this connection circular
by the Director (DE&VP) dated 30.5.01 was also shared with the Appellant. The Appellant,
however, wanted the Respondents to further clarify/interpret the contents of the circular.
9. The Commission is of the opinion that complete information has been provided to the
Appellant and holds that under RTI the CPIO is not expected to provide an explanation or
interpret rules. The Appellant is advised to approach an appropriate forum for redressal of his
grievance.
10. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Assistant Registrar
Cc:
1. Mr. Pradeep Kumar,
R/o, A- 8,
Surya Nagar,
East Sadatpur,
Karawal Nagar Road,
Delhi
2. The CPIO
Mr. K.K. Miglani
D/o Telecommunications,
Room No. – 914,
Sanchar Bhavan,
20, Ashoka Road,
New Delhi
3. The Appellate Authority
Mr. D.K. Agarwal
D/o Telecommunications,
Sanchar Bhavan,
20, Ashoka Road,
New Delhi
4. Officer in charge, NIC
5. Press E Group, CIC