Central Information Commission
CIC/AD/A/09/00452
Dated May 4, 2009
Name of the Applicant : Mr.Rakesh Agarwal
Name of the Public Authority : MTNL, New Delhi
Background
1. The RTI application was filed by the Applicant on 13.12.08 with the CPIO,
MTNL, Delhi. He requested for the following information in resect of
telephone number 23724565:
i) Copy of the application form
ii) If the applicant had requested a phone instrument with CLIP facility,
reasons for not giving him such an instrument
iii) Documentary evidence i.r.o the information provided above.
iv) A complaint was lodged on 13.11.08 under No.178. Provide the cause
of complaint.
v) Date on which the complaint was resolved and the name and
designation of the person who actually resolved it
vi) Causes on several occasions for further complaint arose since
13.11.08. however, due to not resolving the original complaint, the
complainant could not register further complaints nor could make calls when
the phone was out of order for making calls. The internet was working fine
during this period. To provide the procedure for claiming compensation.
vii) To advise if complaints are resolved on public holidays and Sundays.
The CPIO replied on 27.1.09 stating that the application is under process and
the reply is awaited from the concerned area/unit. The Applicant, not having
received a reply from the CPIO till then, filed an appeal dt.29.1.09 before the
Appellate Authority requesting that complete information be provided to him.
Aggrieved with the reply of the CPIO received after he preferred his first
appeal, he sent his comments on the CPIO’s reply to the Appellate Authority
on 5.2.09, while stating that the reply is incorrect , misleading and incomplete
The Appellate Authority, Delhi Unit vide his Order 12.2.09 informed the
Appellant that the AGM (OP-RTI) had informed vide letter dated 6.6.08 that
the final reply had already been furnished to the Appellant vide their office
letter dated 27.1.09 and accordingly disposed off the appeal. Aggrieved at
the Order of the Appellate Authority, the Applicant preferred a second appeal
before the CIC on 28.3.09.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for May 4, 2009.
3. Mr. Pramatma Rai, DGM(RTI) & CPIO, Mr. Har Bhagwan, AGM(RTI-Appeal)
and Mr. S.K. Oberoi, GM represented the Public Authority.
4. The Applicant was present during the hearing.
Decision
5. The Appellant submitted that he is raising certain issues in public interest
and that provision of the clip or to have his telephone line attended to are not
his main concerns. He pointed out that the information provided to him about
the clip phone is incorrect since clip phones were indeed given free of cost
prior to 6.12.08 and that he can produce a number of cases wherein the free
clip phones were provided. The Respondent, however, denied any
knowledge of any free clip phone having been given before the said date. He
agreed to look into the matter since provision of free clip phones before the
said date is against the policy of the Company. The CPIO may share a copy
of this report with the Appellant by 5 June, 2009 along with any missing
information, against the RTI request, free of cost, keeping in view the
comments provided by the Appellant. The Commission takes this
opportunity to advises both the CPIO/Appellate Authority to take up this
issue seriously so that customers are not harassed in future. Certified, legible
copies of documents may also be provided once again to the Appellant.
6. The Commission also directs the CPIO, MTNL to show cause why a penalty of
Rs.250/- per day should not be imposed on him for not providing the
information within the mandatory period as stipulated in the RTI Act. The
response to reach the Commission by 5 June, 2009.
6. With reference to the Appellant’s letter dated 5.2.09, the CPIO is also
encouraged to respond in the language in which the Appellant has requested
information.
7. The appeal is disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Asst. Registrar
Cc:
1. Mr.Rakesh Agarwal
B-24, Vikram Nagar
New Delhi 110 002
2. Mr.Rajeev Agrawal
The PIO & GM(OP)
Mahanagar Telephone Nigam Limited
324, Khurshid Lal Bhawan
Janpath
New Delhi 110 001
3. Mr.Manjit Singh
The Appellate Authority &
Principal General Manager (O)
Mahanagar Telephone Nigam Limited
324, Khurshid Lal Bhawan
Janpath
New Delhi 110 001
4. Officer in charge, NIC
5. Press E Group, CIC