Central Information Commission
CIC/AD/A/2008/000242
Dated August 6, 2009
Name of the Applicant : Shri Chetan Kothari
Name of the Public Authority : MTNL, New Delhi
1. The Applicant filed an RTI application dt.9.2.09 with the CPIO, Lok Sabha
Secretariat. He requested for the following information:
i) No. of outstanding arrears during last 3 years still pending from
organizations like Central Govt., State Govt., Defence & others.
ii) The outstanding arrears still pending specifics in all India
constituencies elected MPs along with name, amount and telephone numbers
iii) No. of free calls provided to MPs every year and how many free
telephone connections provided to residence and office.
iv) Who is supposed to pay the amount. The Govt. or MP himself. If not
what is the procedure.
The Dy. Secretary, Lok Sabha Secretariat wrote to the Appellant on 10.7.08
providing information against point 3©. On 19.6.08, the Dy. Secretary also
transferred the RTI application to MTNL, Delhi requesting them to provide
information on the subject matter as it relates to their Department. The
CPIO, MTNL replied on 25.7.08 directing the Applicant to deposit Rs.950 (@
Rs.5/- per page) for supply of the information. Not satisfied with the reply,
the Applicant wrote to the AGM, office of Executive Director, Telephones
stating that since MTNL has exceeded the stipulated time period, the
information has to be provided to him free of cost and that there is no
provision for extra time as per RTI Act. The CPIO, MTNL provided the
required information against Point No.3 (III) (a) from '06 to '08. The CPIO
also stated that it is not possible to furnish outstanding details showing
individual names and accounts. The Appellant filed an appeal dt.16.8.08 with
the Appellate Authority stating that he has been provided incomplete and
incorrect information. On not receiving any reply, he filed a second appeal
dt.4.9.08 before CIC stating that he has been malafidely denied the
information and given incorrect and incomplete information and that a
penalty of Rs.25,000/- should be imposed on the CPIO.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for August 6, 2009.
3. Mr. Pramatma Rai, DGM (RTI & PG) cum CPIO, Mr. Harbhagwan, AGM(RTI
Appeal) cum Appellate Authority, Mr. G.S. Takhi, AGM(A) and Mr. S.P. Jindal,
Sr. Manager represented the Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. The Commission noted that an RTI request seeking the same information was
filed before the Rajya Sahba Secretariat on 9.6.08 which was disposed off by
the CIC vide Order No.CIC/MA/A/2008/01413/AD dated 12.12.2008. The
Respondents submitted that the information that they had provided in the
earlier case contained information about MPs from both Rajya Sabha and
Lok Sabha . The Respondents also stated that they had provided information
again on 28.7.08 and also that 190 pages of information was provided to the
Appellant free of cost on 8.9.2008.
6. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Asst. Registrar
Cc:
1. Shri Chetan Kothari
#52 Oceanic Apartment
Dr.Rajabali Patel Lane Off
B.Desai Road
Mumbai 400 026
2. The CPIO
Mahanagar Telephone Nigam Limited
O/o Executive Director Telephones
K.L.Bhawan
Janpath
New Delhi
3. The Appellate Authority
Mahanagar Telephone Nigam Limited
O/o Executive Director Telephones
K.L.Bhawan
Janpath
New Delhi
4. Officer in charge, NIC
5. Press E Group, CIC