Central Information Commission
CIC/AD/A/2009/000594
Dated June 24, 2009
Name of the Applicant : Mr.Sardar Singh
Name of the Public Authority : BSNL, Aligarh
Background
1. The Applicant filed an RTI application dt.13.7.08 with the CPIO, BSNL, Aligarh
requesting for information against 6 points regarding payment of bills related
to laying of optical fibre cables. The CPIO replied on 16.9.08 furnishing point
wise information. Not satisfied with the reply, the Applicant filed an appeal
dt.10.10.08 with the Appellate Authority commenting on the CPIO’s reply
against each point. The Appellate Authority replied on 20.11.08 stating that
the information has already been provided by the CPIO. Aggrieved wit this
reply, the Applicant filed a second appeal dt.4.4.09 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for June 24, 2009.
3. Mr.Shyam Singh, DGM (A&P) and Mr.K.K.Sharma represented the Public
Authority. The Applicant protested at the presence of Mr.K.K.Sharma at the
hearing since all his applications are against Mr. Sharma and that he would
not be able to peak in his presence. According to him it is Mr. Sharma who is
responsible for his condition. The Commission requested Mr. Sharma to step
out of the room.
4. The Applicant was present during the hearing.
Decision
5. The Respondent stated that with respect to point (1) of the RTI request,
only 2 letters have been received in the office and with respect to point (3)
he stated that before the Measurement Book was found no physical
verification was ever done but now that the missing MB has been located
after due search, as per the directions of the CIC in an earlier RTI case filed
by the Appellant , it was decided that physical verification would be done.
The preparation of diagrams for physical verification is at present going on.
They are being prepared by the concerned SDE in charge. These diagrams
would be handed over to the Applicant as soon as they are completed so that
verification can be done by him in the presence of other officers.
6. The Commission after hearing both sides, directs the CPIO to provide
information as follows:
Point 1) The CPIO to conduct a thorough search and if all/some letters
are found , copies of the same along with certified copies of relevant
correspondence to be provided to the Appellant. If not found, an affidavit
to the effect that only 2 letters have been received duly signed by the
Appellate Authority to be given to the Appellant.
Points 2) and 6) Information to be provided.
iii) Preparation of diagrams to be completed before the end of August
2009 and handed over to the Appellant .
Points 40 and 5) Inspection of files by the Appellant to be allowed by the
CPIO and certified copies of documents to be provided.
All information to be provided by July 20, 2009 except for point (iii),
7. The Commission directs the CPIO to show cause as to why a penalty of
Rs.250/- per day should not be levied on him for not responding to the RTI
application within the stipulated period prescribed under the RTI Act. The
information to reach the Commission by July 20, 2009.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Asst. Registrar
Cc:
1. Mr.Sardar Singh
S/o Mr.Ghanshyam Singh
R/o 134, Awas Vikas Colony
G.T.Road
Aligarh 202 001
2. The CPIO
Bharat Sanchar Nigam Limited
O/o General Manager Telecom District
Pahasu House
Aligarh
3. The Appellate Authority
Bharat Sanchar Nigam Limited
O/o General Manager Telecom District
Pahasu House
Aligarh
4. Officer in charge, NIC
5. Press E Group, CIC