Central Information Commission
CIC/AD/A/2009/000247
Dated August 4, 2009
Name of the Applicant : Shri Nishat Ali
Name of the Public Authority : BSNL, Lucknow
Background
1. The Applicant filed an RTI application dt.7.3.07 with the CPIO, BSNL,
Lucknow. He wanted to know why even after his qualifying in TES Gr.B
examination in 1990 he was not considered for promotion. The CPIO replied
on 30.3.07. Not satisfied with the reply, the Applicant filed an appeal
dt.25.4.07 with the Appellate Authority. The Appellate Authority replied on
6.10.07 stating that due to non-availability of ACRs, the Applicant was left
unassessed by the DPC and hence could not be promoted. After 1998, DPC
was not held for promotion to TES Gr.B as per recruitment rule 1981 of TES
Gr.B. He added that the Applicant has been subsequently promoted to TES
Gr.B in year 2004 under 25% competitive quota as per Rectt Rules 1996 of
TES Gr.B. Aggrieved with the reply, the Applicant filed a second appeal
dt.27.9.08 before the CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing for August 4, 2009.
3. Mr. R.K. Srivastava, AGM(staff), O/o CGMT, Telecom Circle, Lucknow
represented the Public Authority.
4. The Applicant was present during the hearing.
Decision
5. The Respondent submitted that the Appellant was recruited in 1982 as JTO
and that he passed the TES Gr. B exam in 1990. He stated that in 1998 when
DPC was held for promotion, the ACR dossier of the Appellant was left
unassessed due to non availability of ACRs and he could not be promoted.
The Respondent also exhibited a letter dated 19.6.2007 written by the Asstt.
Director General, BSNL admitting that the Appellant, Mr. Nishal Ali had
qualified the TES Gr.B examination in 1990 and that his performance was left
unassessed by the DPC due to non-availability of ACRs. He also added that
Mr. Ali has been subsequently promoted to TES Gr. B in 2004.
6. The Commission noted that for no fault of his, and only because of the
inefficient/disorganized system which was not able to ensure that ACRs were
available on time for the DPC meeting , the Appellant has lost the chance of
being promoted several years earlier, even after having passed the qualifying
exam. The Director (HRD), BSNL is, therefore , advised to ensure that such
lapses are not repeated. After hearing the submissions of both sides, the
Commission holds that all available information has been provided and
advises the Appellant to approach an appropriate forum for redressal of his
grievances. The appeal is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Asst. Registrar
Cc:
1. Shri Nishat Ali
Commercial Officer (Central)
O/o Principal G.M.T.D
Gandhi Bhawan
Lucknow 226 001
2. The CPIO
Bharat Sanchar Nigam Limited
O/o Chief General Manager Telecom
East U.P. Circle
Hazratganj, Lucknow 226 001
3. The Appellate Authority
Bharat Sanchar Nigam Limited
O/o Chief General Manager Telecom
East U.P. Circle
Hazratganj, Lucknow 226 001
4. The Director (HRD),
BSNL
Office of CMD,
Sanchar Bhavan,
Janpath, New Delhi
5. Officer in charge, NIC
6. Press E Group, CIC