Central Information Commission
CIC/AD/A/2009/001302
Dated 28th October, 2009
Name of the Applicant : MR. SHANKAR KUMAR DHAR
Name of the Public Authority : BHARAT SANCHAR NIGAM LIMITED
Background
1. The Applicant filed his RTI request on 02.05.09 with the PIO, BSNL, Ranchi
requesting for call details of telephone no.(0651)2482837 for the years 2007-08
and 2008-09. The PIO replied on 14.05.09 informing him that the server meant
for call details is out of order, hence it is not possible to provide the call details
and that the same will be supplied on resumption of server. Not satisfied with
the PIO’s reply, the Appellant filed a First Appeal on 08.06.09 stating that even
after one month no call details have been furnished to him. The Appellate
Authority on 09.07.09 informed the Applicant that the above referred case has
already been discussed with him (the Applicant) regarding the call details of
the said telephone no. installed in the residence of Mr.B.B. Jha, Joint Secretary,
Disaster Management and that since the telephone is presently installed in the
Joint Secretary’s residence information can not be provided under Section
8(1)(j) of the RTI Act. The Appellate Authority also added that the Jt Secretary
has sent a written submission requesting the PIO not to disclose the information
under Section 8(1)(j), 8(1)(b) and 8(1)(c) of the RTI Act read with Section’s
123, 124 of the Indian Evidence Act and Article 21 of The Constitution of India,
as the information relates to a residential-cum-office telephone. The Applicant
being aggrieved with the reply, stated that denial of information under the
various sub-Section of the RTI Act, 2005 mention by the Appellate Authority are
not relevant and questioned how the Govt. telephone becomes third party
information. He requested for supply of call details of the telephone .
3. The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
hearing on 28th October, 2009.
4. Both the Public Authority and the Applicant were not present during the hearing.
Decision
5. The Commission observed that the Appellant has invoked Clauses 8(1)(b) and
8(1)(c) of the RTI Act without applying his mind as these Clauses are not
relevant to the information sought. After noting that the telephone has indeed
been installed by the Government at the Residence of the Joint Secretary, the
Commission directs the PIO to provide the required information to the Appellant
after severing under Section 10(1) , if required, information which is exempt
from disclosure such as the personal calls made, under Section 8(1)(j) of the
RTI Act. Information to be provided by 25 November, 2009. The appeal is
accordingly disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Assistant Registrar
Cc:
1. Mr. Shankar Kumar Dhar
2/50, New Area Gandhi Nagar,
Post – Hinoo,
District – Ranchi, Jharkhand.
2. The PIO
Bharat Sanchar Nigam Limited
O/o the General Manager
Telecom District
Ranchi.
3. The Appellate Authority
Bharat Sanchar Nigam Limited
O/o the General Manager
Telecom District
Ranchi.
4. Officer in charge, NIC
5. Press E Group, CIC