Central Information Commission
CIC/AD/A/2009/000501
Dated August 25, 2009
Name of the Applicant : Shri D.K.Sharma
Name of the Public Authority : BSNL, Jhansi
Background
1. The Applicant filed an RTI application dt.6.12.08 with the CPIO, BSNL, Jhansi.
He stated that he was out of Jhansi from 19.5.08 to 13.7.08 and that in the
telephone bill for the month of June, he noticed that some 44 calls were made
to Mobile No.9415645174 from his landline No.2360922 during his absence.
The CPIO replied on 23.12.08 stating that certain calls were made during his
absence both during day and night. He also stated that the phone could have
been kept in safe custody had he informed the BSNL before he left Jhansi.
Not satisfied, the Applicant filed an appeal dt.4.2.09 reiterating his request for
the information. The Appellate Authority replied on 3.3.09 upholding the
decision of the CPIO. Aggrieved with the decision, the Appellant filed a second
appeal before the CIC on 2.4.09 stating that he did not get an opportunity to
be heard by the First Appellate Authority.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for August 25, 2009.
3. Shri R.K.Shukla, Appellate Authority and Shri Vonod Singh, SDE represented
the Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. The Respondent submitted that the enquiry regarding the calls made while
the Appellant was out of Jhansi, has been conducted and it was found that
certain calls were made from the Appellant’s home during his absence. The
Respondent stated that the calls must have been made by a member of the
Appellant’s family or by the person/s working in his house. Certain number of
calls were also made to people using other services such as Airtel, etc. He
added that the entire incident could have been avoided had the Appellant
applied for the facility for keeping the phone in safe custody before leaving
Jhansi.
6. After hearing the submission, the Commission denies disclosure of
information regarding addresses and names of mobile subscribers to whom
calls were made from the Appellant’s home while he was away, under Section
8(1)(e) of the RTI Act as the information is held in a fiduciary relationship by
the DSNL. The CPIO is, however, directed to supply a certified copy of the
inquiry report to the Appellant by 15 September, 2009.
7. The appeal is accordingly disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Asst. Registrar
Cc:
1. Shri D.K.Sharma
H.No.18E, Warren Ganj
Sipri Bazar
Jhansi 284 003
Uttar Pradesh
2. Shri A.K.Sarkar
The CPIO &
Asst. General Manager
Bharat Sanchar Nigam Limited
O/o General Manager
Telephone District
Jhansi 254 001
3. Shri Rajkumar Shukla
The Appellate Authority &
General Manager
Bharat Sanchar Nigam Limited
O/o General Manager
Telephone District
Jhansi 254 001
4. Officer incharge, NIC
5. Press E Group, CIC