Central Information Commission
Mr.Raj Singh vs Ministry Of Communications And ... on 8 April, 2011
CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/DS/A/2010/000467/LS
(Raj Singh Vs BSNL, Lucknow)
Dated : 8.4.2011
This is in continuation of this Commission's proceedings dated 28.2.2011. As scheduled, the matter is heard today dated 8.4.2011. Appellant present. BSNL is represented by Shri A.K. Kapoor, AGM (Legal), Lucknow & Shri R.S. Choudhary, ADT (RTI), Lucknow. The parties are heard.
2. The appellant submits that his client Shri Vedaditya was recruited as JE in BSNL in 1980. He also submits that Shri Prakash Chand Rastogi was also recruited as JE in 1980 along with his client. However, as per seniority list circulated by Eastern UP Circle of BSNL, Shri Rastogi has been shown to have been recruited in 1979. This, obviously, has caused detriment to his client. The appellant, therefore, wishes to know whether there are any Rules under which the year of recruitment of said Shri Rastogi has been changed from 1980 to 1979.
3. He also produces affidavit dated 8.3.2011 sworn by Shri A.K. Kapoor, AGM (Legal) which was filed before the court in OA NO 282 of 2010. In para 08 thereof Shri Kapoor has averred that Shri P.C. Rastogi was recruited in 1979. The said para is reproduced below :-
"8. That the contents of Para 4.5 & 4.6 of the OA need no comments being a matter of records. However, it is relevant to mention here that the relative seniority of applicants and Respondent no 5 in the OA as per records are given below :-
Shri Balram Singh ST NO 32158 Seniority No 16352 (Applicant No 1) Shri S.K. Lal ST No 33142 Seniority No 13344 (Applicant No 2) Shri P.C. Rastogi ST No 38052 Seniority No 15543 (Applicant No 5) It is also submitted that Seniority of TES Gr B equivalent to SDE (T) for entire cadre was reviewed on recruitment year basis in accordance with the judgement dated 26.4.2000 of Apex Court in CA 4339 of 1995. As per their recruitment year Shri P.C. Rastogi being from 1979 Recruitment year, has been placed above in Seniority to Shri Balram Singh, Shri S.K. Lal though belonging to later recruitment year 1980 in comparison 13344.516 as Shri S.K. Lal belongs to SC category and his seniority was further revised in accordance with Constitution 85th Amendment Act 2001 and judgement dated 26.4.2000 of the Hon'ble Supreme Court."
4. It is the appellant's submission that Shri Kapoor has filed a false and misleading affidavit before the court in as much as Shri Rastogi was not recruited in 1979 but in 1980. He also submits that if Shri Rastogi was recruited in 1979, then a copy of his appointment letter may be supplied to him.
5. We categorically asked both Shri Kapoor & Shri Choudhary as to whether the year of recruitment of Shri Rastofi is 1979 or 1980. They did not give any categorical response and were evasive. They also took the plea that it is a matter of grievance redressal as far as Shri Vedatiya is concerned and the Commission has no authority to go into this matter.
6. The issue is simple. According to the appellant, the predated year of recruitment of Shri Rastogi has caused detriment to his client Shri Vedaditya. He, therefore, has the right under the RTI Act to know as to whether the true year of recruitment of Shri Rastogi is 1979 or 1980. The evasive approach of the BSNL officers present before the Commission has to be seen in the light of the fact that vide letter dated 2.8.2009, of the office of General Manager (Telephone), Kanpur (Parent Circle) the appellant was informed that the year of recruitment of Shri Rastogi was 1980 and not 1979, as averred by Shri Kapoor in the affidavit under reference. Shri Rastogi can not have two years of recruitment either it is 1979 or 1980; it can not be both.
7. In view of the aforesaid contradictory stand taken by the various officers of BSNL, we hereby direct the Chief General Manger, UP East Circle, Lucknow, to personally look into the matter and inform the appellant in categorical terms as to whether the year of recruitment of Shri P.C. Rastogi (Staff No 38052) is 1979 or 1980 in 04 weeks time. It is cautioned that if he does not communicate this information in categorical terms to the appellant, it will be held to be deemed denial of information which is punishable u/s 20 (1) of the RTI Act.
8. The appellant will be at liberty to write to the Commission or speak to the Dy Registrar if he does not receive this information in 04 weeks time.
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 Chief General Manager BSNL, UP East Circle, Lucknow (UP) (By Hand by Shri A.K. Kapoor, AGM (Legal))
2. Shri Raj Singh (By Hand)