Central Information Commission
Mr.Kishanlal Mittal vs Ministry Of Communications And ... on 30 May, 2011
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New
Delhi-110066
File No.CIC/LS/A/2011/000961
File No.CIC/LS/A/2010/000479
File No.CIC/LS/A/2010/001623
APPELLANT Shri Kishanlal Mittal
PUBLIC AUTHORITY MTNL, Mumbai
DATE OF HEARING 30.05.2011
DATE OF DECISION 30.05.2011
Facts :-
The matter is called for hearing today dated 30.05.2011. Appellant is not present but on his request I have spoken to him on telephone. MTNL Mumbai, however, is not represented by anyone.
2. It is noticed that vide RTI application dated 17.06.2010, the appellant had requested for information on the following 04 paras :-
"(a) Kindly provide details of voluntary retirement/resignation of MTNL employees since 1st Jan, 2001 alongwith the details of the names/designation & benefits provided to them on voluntary retirement/resignation. Relevant file notings may also be provided.
(b) Kindly provide details with file notings of employees of MTNL granted extra ordinary leave of more than 90 days from 2005 onwards.
(c) Kindly provide details of terms of employment of people absorbed in MTNL from DoT. Kindly provide details of retirement/voluntary retirement benefits to be given to such employees at the time of their absorption into MTNL. Kindly provide copies of circulars/office memoranda/orders of competent authority in this regards.
(d) Kindly provide details of compliance of section 4 of RTI Act by MTNL."
3. The CPIO had responded to it vide letter dated 13.07.2010 wherein he had informed the appellant to deposit Rs. 262/- for supply of 81 pages of information in regard to para (a). As regards paras (b), (c) & (d), the response of the CPIO is extracted below :-
"Point no. (b) Information pertains to GM(A) & PIO unit is NIL. For other PIOs your application is being forwarded to all GM's & PIO's.
Point no.(c) The information regarding details of terms of employment of people absorbed in MTNL from DoT is pertaining to DoT. The information may be obtained from DoT.
Point no.(d) Pertains to Corporate Office New Delhi, your application is being forwarded to GM(BD & CPIO) Corporate Office New Delhi."
4. On appeal, the Appellate authority vide order dated 07.09.2010 had advised the appellant to approach DoT for supply of certain information, DoT being a separate authority.
5. We have heard the appellant on telephone. He does not insist on supply of information regarding para (b) of the RTI application but insists on information regarding the remaining 03 paras viz. (a), (c) & (d). He, however, is willing to cut short the time period of information and also to limit information only to MTNL, Mumbai. After hearing him, the following order is passed :-
(i) As regards para (a), information for last 05 years i.e. 2006, 2007, 2008, 2009 & 2010 may be provided to the appellant in regard to MTNL, Mumbai.
(ii) As regards para (c), the appellant submits that certain employees were absorbed in MTNL from DoT and that the terms & conditions of their employment must certainly be available with MTNL. I am prima-
facie inclined to agree with the appellant. In the premises, the CPIO is hereby directed to provide copies of the policy circulars/guidelines under which certain DoT employees were absorbed in MTNL. In case these policy guidelines/circulars are not available in MTNL, Mumbai, the CPIO is hereby directed to transfer this para to the concerned officer in DoT under section 6(3) of the RTI Act.
(iii) As regards para (d), the CPIO is hereby directed to inform the appellant as to what action has been taken by MTNL, Mumbai, under section 4(1)(a) and 4(1)(b) of the RTI Act.
6. This order may be complied with in 04 weeks time. The information will be provided free of cost.
7. This also disposes of other two files viz. File No.CIC/LS/A/2010/000479 and File No.CIC/LS/A/2010/001623 which essentially concern the matter discussed herein above.
Sd/-
(M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(K.L. Das) Deputy Registrar Address of parties :-
1. The General Manager(A) & CPIO, MTNL, 14th Floor, East Wing, VS Marg, Prabhadevi, Mumbai-400028.
2. Shri Kishanlal Mittal, 1305 Dhruv, Ashok Van, Borivali East, Mumbai-400066.