Central Information Commission
CIC/AD/C/2009/000793
Dated: October 7, 2009
Name of the Applicant : Shri P.N.Nigam
Name of the Public Authority : Dept. of Telecommunications
Background
1. The Applicant filed an RTI application dt.24.4.09 with the CPIO, BSNL
CO, New Delhi requesting for information against 10 points including
copies of rulings, orders, circulars, documents showing recovery of
excess payment of officers of BSNL etc. The CPIO, DoT replied on
6.8.09 stating that information sought against points 1 and 2 are
vague and forwarding copies of several documents. With regard to
points 4(f) and 4(g), he stated that information pertains to Director
(Staff), DoT and BSNL, Corporate Office respectively. Not satisfied with
the reply, the Applicant filed a complaint dt.19.8.09 before CIC stating
that information is incomplete and information except for points 4(a)
and (j) has not been provided.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner,
scheduled the hearing for October 7, 2009.
3. Shri Binay Kr. Singh, CPIO & Dir (Estt.) and Mrs.Preeti Garg, AAO
represented the Public Authority.
4. The applicant was not present during the hearing.
Decision
5. The Respondent submitted that on transfer of RTI request, Director
(Staff), DoT provided the information on 11.8.09 with respect to pt.
4(f). He added that information sought against points 1 and 2 are
vague since the Applicant is requesting for circulars, orders, rules etc.
without specifying the subject or the period for which he is seeking the
information. He further added that information against points 4(b) and
(d) could not be furnished since the relevant files were not available
being nearly 15 years old.
6. The Commission after hearing the Respondent holds that information
sought against points 1 and 2 is indeed vague and directs the
Appellant to specify the period and the subject for which he is seeking
the information against points 1 and 2 and directs the CPIO to provide
the information within 15 days of receipt of the details from the
Appellant. With regard to the missing files against point 4, the same to
be by end November, 2009 and information to be provided to the
Appellant with a copy to the Commission. In the event the said files
cannot be located a FIR about their loss to be lodged under intimation
to the Commission.
7. The Commission also noted that the Appellant has not approached the
First Appellate Authority thereby losing an opportunity of appealing a
second time and advises him to approach CIC after exhausting all
channels available for access to the information he requires.
8. The Commission directs the CPIO, BSNL Corporate Office, New Delhi to
show cause why a penalty of Rs.250/- should not be levied on him for
not responding to the RTI application within the stipulated time as
prescribed under the RTI Act w.r.t point 4 (g) of the RTI application.
The information to be provided by 10.11.09 and response to the show
cause notice to reach the Commission by 10.11.09.
9. The complaint is accordingly disposed of.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Asst. Registrar
Cc:
1. Shri P.N.Nigam
Type – IV/05
Ground Floor
Door Sanchar Colony
Lakhanpur
Kanpur 208 024
2. The CPIO &
Director (Estt.)
Department of Telecommunications
Sanchar Bhawan
20 Ashoka Road
New Delhi
3. The CPIO
Bharat Sanchar Nigam Limited
Corporate Office
Statesman House
148, Barakhambha Road
New Delhi
4. Officer incharge, NIC
5. Press E Group, CIC