Central Information Commission
Mr.Lajpatray K Dave vs Bharat Sanchar Nigam Limited on 5 October, 2012
CENTRAL INFORMATION COMMISSION
Club Building, Opposite Ber Sarai Market,
Old JNU Campus, New Delhi - 110067.
Tel: +91-11-26101592
File No. CIC/LS/C/2011/000270/BS/0964
COMPLAINT REMANDED TO : First Appellate Authority
BSNL
O/o The Principal General Manager,
Ahmedabad Telecom District,
2nd Floor, Gulbai Tekra T.E. Building,
Ellisbridge, Ahmedabad-380006.
Complainant : Mr. Lajpatray K Dave
201 Parijat Flats,
Basant Bahar Road, Bopal,
Ahmedabad-380006
Public Information Officer : PIO & DGM (Admn.)
BSNL
O/o The Principal General Manager,
Ahmedabad Telecom District,
2nd Floor, Gulbai Tekra T.E. Building,
Ellisbridge, Ahmedabad-380006.
Facts arising from the Complaint:
The Complainant has filed a RTI application with the PIO on 25/03/2010 asking for certain information. He received replies from PIO on 13/04/2010 & 10/06/2010, which he found unsatisfactory. He approached the First Appellate Authority (FAA) by filing a First Appeal on 03/06/2010. However, it appears that the FAA has not passed any order and therefore, the Complainant has approached the Commission by filing a Complaint on 17/08/2010 received on 31/08/2010 under Section 18 of the RTI Act.
Decision:
In view of the aforesaid, the instant matter is now remitted to the FAA to decide the matter in accordance with the provisions of the RTI Act after perusing the relevant documents and giving all concerned parties an opportunity to be heard.
While deciding the matter, the FAA should examine whether any information was provided by the PIO within the mandated period and if provided, whether it was complete, relevant and correct. Where the FAA is satisfied that the information provided by the PIO is as per the records, the First Appeal shall be disposed of. The Commission shall be intimated of the same.
In the event, no information has been provided or if there are any deficiencies in the information furnished by the PIO, the FAA may direct the PIO suitably, with a copy to the Commission.Page 1 of 2
Further, the FAA may also enquire and send an enquiry report to the Commission within 50 days from receipt of this order containing the reasons for not furnishing and/or the delay in furnishing the complete information by the PIO affixing responsibility and identifying the officer(s) so responsible, if any. Furthermore, the FAA shall send written submissions to the Commission within 50 days from receipt of this order explaining why no order was passed with respect to the First Appeal filed by the Complainant.
If the Complainant is not satisfied with the orders of the FAA, he/she will be free to move a Second Appeal before the Commission under Section 19(3) of the RTI Act.
The Complaint is disposed of.
Notice of this decision be given free of cost to the parties.
Basant Seth
Information Commissioner
October 05th, 2012
Enclosed: Copy of Complaint received on 31/08/2010;
Copy of First Appeal dated 03/06/2010;
Copy of RTI application dated 25/03/2010; and
Copy of PIO's replies dated 13/04/2010 & 10/06/2010.
(In any correspondence on this decision, mention the complete decision number.)Surender Page 2 of 2