Central Information Commission
CIC/AD/A/09/00181
Dated February 26, 2009
Name of the Applicant : Mr.Ramesh Chander
Name of the Public Authority : BSNL, Chandigarh
Background
1. The Applicant filed his RTI application dt.18.6.08 with the PIO, BSNL,
Jalandhar. He requested for the following information:
i) What is the criteria for organizing a dharna in BSNL.
ii) What action takes department if an Association/Union goes for
unauthorized dharna
iii) If an unauthorized dharna organized then how much time required for
completion of an enquiry.
iv) If any officer/official does not submit his report in time then what
action taken by administration regarding unauthorized dharna
v) If report is submitted then what action department takes against the
official who goes for unauthorized dharna and how much time required to
administration for imposing penalty against these officials who goes for
unauthorized dharna
vi) What penalty the administration impose against these officials who
goes for unauthorized dharna
vii) What action BSNL takes if any official leave India without
permission/sanction of leave
viii) If any disciplinary action is being taken how much time required for
imposing the charge sheet/completion of enquiry.
ix) Up to which extent penalty can be imposed if leave was not sanctioned
and how much time required to complete the enquiry.
The CPIO, BSNL, Chandigarh replied on 11.7.08 stating that information
sought is in nature of demanding clarification/explanation which do not lie
within the ambit of Section 2(f) of the RTI Act. Not satisfied with the reply,
the applicant filed an appeal dt.16.8.08 with the Appellate Authority. The
Appellate Authority replied on 16.9.08 upholding the decision of the CPIO.
The applicant then filed a second appeal dt.3.12.08 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing on February 26, 2009. However, at the request of the Respondent,
the matter was heard on February 20, 2009
3. Mr.Anoop Prasad, AD (RTI) represented the Public Authority.
4. The Applicant was present at the hearing on the scheduled date i.e. 26th
February, 2009.
Decision
5. The Respondent stated that the questions in the RTI application are such that
it is not possible to answer them. However, the Appellant who was present on
26th February, on the scheduled date of hearing, brought to the attention of
the Commission Rule 23 of the BSNL Conduct, Discipline and Appeal Rules,
2006 in which the following was mentioned “Participation and/or inciting
others to participate in strikes, gherao, go-slow and similar other
agitational activities, or abetting, inciting, instigating or acting in
furtherance thereof”. He also pointed out Rule No.5 under Misconduct
heading which says misconduct, among other things, is also “Absence
without leave or over staying the sanctioned leave without sufficient
grounds or proper or satisfactory explanation is considered . The
Commission after going through the said Rules is of the opinion that there is
no justification in the CPIO’s denial of information under the excuse that the
application does not seek information as given in Section 2(f) of the RTI Act.
Since it was noted that the entire nine question raised by the Appellant relate
to different Rules given in the above mentioned BSNL Conduct, Discipline
and Appeal Rules, 2006. The CPIO, therefore, is directed to provide point-
wise information to the points raised by the Appellant in the RTI request and
also to show cause as to why he should not be fined at the rate of Rs. 250/-
per day for not having provided the information within the mandatory period.
All information including response to the show cause notice to be provided
within 15 days of the 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.Ramesh Chander
S/o Late mr.Shiv Rao Komal
H.No.B-IX-757/21
New Santokh Pura
Jalandhar
2. The CPIO &
The General Manager
Bharat Sanchar Nigam Limited
O/o Chief General Manager
Punjab Telecom Circle
Chandigarh
3. The Appellate Authority &
The Chief General Manager
Bharat Sanchar Nigam Limited
O/o Chief General Manager
Punjab Telecom Circle
Chandigarh
4. Officer in charge, NIC
5. Press E Group, CIC