Central Information Commission
Mr. S C Moorjani vs Bharat Sanchar Nigam Limited on 14 March, 2013
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No.CIC/BS/A/2012/000123/2059
14 March 2013
Relevant Facts emerging from the Appeal
Appellant : Mr. S. C. Moorjani
E-2, MTNL Staff Quarters,
S.V.Road, Goregaon West,
Mumbai- 400062
Respondent : CPIO & Sr. General Manager (HR&Admn.)
BSNL
O/o the Chief General Manager
Maharashtra Circle,
Mumbai-400054
RTI application filed on : 01/12/2011
PIO replied on : 29/12/2011
First appeal filed on : 07/01/2012
First Appellate Authority order : 07/02/2012
Second Appeal received on : 12/03/2012
Information sought:
1- Please furnish the list of officers to whom charge sheet have been issued in respect of original work of constn. of 14 nos. type IV and 14 nos. type V staff Quarters at Juhu Danda, Mumbai (Ganga and Yamuna Building). Please furnish the copies of charge sheet of each of officers and the names of PO/IO appointed for individual charged officers. 2- Please furnish the list of officers to whom charge sheet have been issued in respect of structural repair work of 14 nos. type IV and 14 nos. type V staff quarters and Juhu Danda, Mumbai (Ganga and Yamuna Building). Please furnish the copies of charge sheet of each of officers and the names of PO/IO appointed for individual charged officers. 3- CTE has in the month of Jan 2008 inspected the Structural rehabilitation and other repairs of Ganga and Yamuna building at Juhu Danda and defects/deficiencies have been pointed out. The SE(P&A) O/o CE(Civil) has vide letter no. 23(1)08/BSNL/CEM/875 dtd. 23.05.2008 addressed to SE(C) BSNL civil circle Santacruz(W) Mumbai sought the detail report regarding the defect developed after completion of repair work, notice issued to the agency and response from the agency. In this regard following information may kindly be furnished:
a. The copy of inspection report of CTE.
b. The list of Defects/deficiencies pointed out by CTE. c. Copy of detailed report alongwith its enclosure as submitted by SE(C). d. Copy of response received from the agency against the notice.Page 1 of 2
Grounds for the Second Appeal:
The PIO has denied certain information under Section 8(1)(j) & (h) of the RTI Act. .
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. S.C. Moorjani through VC 09869085060 Respondent: Absent The appellant stated that irregularities were detected in the construction and structural repair works of type-IV and type-V quarters at Juhu Danda and certain officers were charge- sheeted. He explained that he was one of the charge sheeted officers against whom action was initiated; however, no action has been taken against certain other officers on whose part the lapses were detected.
The CPIO in his reply dated 29/12/2011 has contended that the information sought in points 1 & 2 relates to personal information of third party(s) and the same is exempt under Section 8(1)(j) of the RTI Act as no bona fide public interest has been cited by the appellant to justify its disclosure.
The appellant stated that he is pressing only for the name(s) of the charge sheeted officer(s) and not for copy(s) of the charge sheet(s). Decision notice:
The Commission directs the CPIO to provide the name(s) of only those charge sheeted officer(s) whose matter(s) have been fully concluded in all aspects. The name(s) of officer(s) whose matters have not reached finality is/are exempt under Section 8(1)(j) 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 (In any correspondence on this decision, mention the complete decision number.) (RM) Page 2 of 2