Central Information Commission
CIC/AD/A/2009/001382
Dated November 9, 2009
Name of the Applicant : Shri Shivkaran Singh Gautam
Name of the Public Authority : BSNL, Fatehpur
Background
1. The Applicant filed an RTI application dt.22.6.09 with the CPIO, BSNL
Lucknow requesting for information about the articles published in the
newspapers ‘Swatantra Bharat’ and ‘Dainik Jagran’ against Shri Ajay
Pal Singh and his service record as TDM, Fatehpur. The PIO replied on
6.7.09 informing the Applicant that information cannot be provided
under the RTI Act. Not satisfied with the reply, the Applicant filed an
appeal dt.10.8.09 with the Appellate Authority reiterating his request
for the information sought in 5 RTI requests. The PIO again replied on
25.8.09 asking the Applicant to file separate appeals against each one
of the RTI requests. Being aggrieved with this reply, the Applicant
filed a second appeal dt.18.9.09 before CIC stating that he has sought
information regarding the TDM, Fatehpur including information about
the enquiry conducted against his misconduct and that O/o CGM,
Lucknow to whom he has addressed the RTI request had forwarded
the RTI request to the very same person about whom the information
has been sought.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner,
scheduled the hearing for November 9, 2009.
3. Shri A.P.Singh, PIO and Shri R.A.Ram, DE (A&P) represented the
public authority.
4. The Applicant was heard through audio conference.
Decision
5. The Commission noted with serious concern that the Public Authority
was represented at the hearing by Shri Ajay Pal Singh, who is the
PIO/TDM, Fatehpur, and is the very person about whom the Appellant
is seeking information. The Commission also noted that Mr. Singh has,
in his capacity as the PIO, denied information about himself which
raises questions about the veracity of responses provided. It is also
surprising that the Appellate Authority has allowed the PIO to appear
before the Commission to defend a case involving information about
himself and considers this to be one of conflict of interest.
Accordingly, the Commission directs the Appellate Authority to look
into the matter and to provide an explanation to the Commission in
this regard, with a copy to the Appellant by 15 December, 2009.
6. The Respondent justified his denial of information to the Appellant
stating that the Appellant had asked whether newspaper reports about
his misconduct are correct or not and that since the Appellant is
seeking an opinion he was informed that he is not seeking information
as defined u/s 2(f) of the RTI Act. He also added that no information
or no complaint or communication etc. regarding his misconduct was
on record till about 12 days ago when a complaint was received by the
Vigilance Officer, BSNL from Central Vigilance Commission. An enquiry
against him is going on at present and the report is awaited.
7. Since the PIO who had appeared for the hearing is the very same
person against whom the Appellant is seeking information, the
Commission directs the General Manager Telecom cum CPIO, BSNL,
Kanpur to look into this matter and to provide any information i.e.
available as sought by the Appellant on record to verify the
information provided by Mr. Ajay Pall Singh and accordingly inform
the Appellant under intimation to the Commission. If information is
not available, the GM cum CPIO to provide an affidavit informing the
Appellant about its non-availability and the reasons for non-
availability.
8. All information to be provided to the Appellant by 10.12.09.
9. The Appellant is directed to submit a compliance report of the above
decision to the Commission by 16.12.09.
10. The appeal is disposed off with above directions.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G.Subramanian)
Asst. Registrar
Cc:
1. Shri Shivkaran singh Gautam
Telecom Colony
Near district Udyog Centre
Abunagar
Fatehpur 212 601
2. The CPIO
Bharat Sanchar Nigam Limited
O/o Telecom District Manager
Fatehpur 212601
3. The Appellate Authority
Bharat Sanchar Nigam Limited
O/o General Manager Telecom
Kanpur 208 001
4. Officer incharge, NIC
5. Press E Group, CIC