Central Information Commission
Mr.Vijay Shankerrao Patil vs Ministry Of Communications And ... on 7 January, 2013
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File Nos.CIC/LS/A/2012/000345/BS/1619
07 January 2013
Relevant Facts emerging from the Appeal
Appellant : Mr. Vijay Shankerrao Patil
12/135, Aakasha Ganga Apartment,
Sola Road, Naranpura,
Ahmedabad-380061, Gujarat.
Respondent : CAPIO &
BSNL
O/o General Manager Telecom District Goa
Goa Sanchar Bhawan, Plot no.3,
Patto Plaza, EDC Complex,
Panaji, Goa- 403001
RTI application filed on : --/05/2011
PIO replied : 08/06/2011
First appeal filed on : 11/07/2011
First Appellate Authority order : 18/08/2011
Second Appeal received on : 15/11/2011
Information sought:
Provide following information:
- Shri Prabhakar Shankarrao Patil, Ex.DGM, Ratnagiri, BSNL, Maharashatra Circle, bio date mention in his Service Book and personal file.
- His PAN Card, Medical Card, I-Card copy. - His Absentee Statement from 01.01.2000. - Leave detail i.e. E/L, C/L, RIP, IEI.P.L, Commuted leave, LTC and other all type of leave
with submitted S.R-1 and supported document i.e. Medical Fit Unfit Certificate and other.
- If he applied for any leave and his higher authority cancel of the same, please give that detail also.
- Shri Prabhashankar S.Patil was working in Ratnagiri SSA, BSNL; I want the copy of last 05 years his immovable property statement given by him in the DOT/BSNL/Department.
- The property i.e. Movable & Immovable on his name and his family members name (Father/Mother/Sister/Wife/Child and in his law side relatives).
- The fix deposits & other investments statement in the banks or other financial agencies made by him during 10 years.
- The copy of statement of IT returns and Form-16 (Given by BSNL) submitted by him during the last 05 year.
- His inform of pay and get rebate from the same during last 05 year.
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- If any case knowledge (if it is continue or framed) in your (BSNL/DOT) record/booked or
continue against Prabhashankar Rao give detail of the same i.e. Police /CBI/BSNL/DoT and
any other authority.
- Any inquiry is continue please provide total details.
- Kindly provide Note sheet and file copy of my early return RTI application i.r. of your office
letter no. E-151/APIO/RTIBSNL/Beed2010-11/73, Dtd.25.04.2011.
Grounds for the Second Appeal:
Not satisfied with reply given by the APIO and Appellate Authority of BSNL, Maharashtra Circle.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Vijay Shankerrao Patil through VC Respondent: Mr. G.C. Chhawaniya FAA through VC The appellant stated that he wanted copies of immovable and movable property returns submitted by Mr. P.S. Patil, Ex-DGM Ratnagiri BSNL but the information has not been provided. The FAA stated that the details requested are 'personal information' and exempt from disclosure under Section 8(1)(j) of the RTI Act. The appellant argued that he has a copy of a newspaper report stating that the employee was convicted for one month and a fine of Rs.1000/- was also imposed on him and added that the CBI had also raided the employee on corruption charges and hence the information is disclosable in larger public interest. The FAA stated that he can re- examine the matter provided the appellant submits documentary proof of his contention. The appellant stated that he has been wrongly charged Rs. 228/- for supply of information in violation of Section 7(6) of the RTI Act as the information was provided late.
Decision notice:
Normally, the details of immovable and movable property submitted by an employee are 'personal information' which stand exempted from disclosure under Section 8(1)(j) of the RTI Act, unless the CPIO/the FAA is satisfied that larger public interest justifies disclosure of such information. Hence, if the appellant furnishes appropriate documentary evidence in support of his submissions as above the CPIO should re-examine the matter and pass appropriate orders. As regards the appellant's contention for refund of Rs.228/ the same is upheld as the information was provided after the mandatory period as prescribed in Section 7(1) of the RTI Act.
The appeal is disposed of accordingly.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
BASANT SETH Information Commissioner Page 2 of 3 (In any correspondence on this decision, mention the complete decision number.) (RM) Page 3 of 3