Central Information Commission
Shri M.R.Sabnis vs Bsnl, Satara on 23 November, 2009
Central Information Commission
CIC/AD/A/2009/001309
Dated November 23, 2009
Name of the Applicant : Shri M.R.Sabnis
Name of the Public Authority : BSNL, Satara
Background
1. The Applicant filed an RTI application dt.30.10.08 with the APIO, BSNL, Satara. He requested for information against 6 points with regard to the material laying near BSNL Tower at Sajjangad (Parali) Taluka & Satara District and about Branch Office at Parali, Taluka District Satara including the date on which the wire bundles were brought on Sajjangad and the copy of receipt of labour charges paid for transportation of bundles etc. Shri R.G.Koli, CPIO replied on 25.11.08 denying the information u/s 8(1)(j) since no overriding public interest is involved in requesting for disclosure of such personal information of a third party. The Applicant filed an appeal dt.4.12.08 with the CPIO, BSNL, Mumbai stating that no personal information was demanded by him and reiterated his request for the information. The Appellate Authority vide order dt.23.1.09 informed the Applicant that no information is available against points(i),
(ii), (iii) (iv) and that there is no such evidence and no such case against points (v) and (vi) of the RTI request. Being aggrieved with the reply, the Applicant filed a second appeal dt.18.6.09 before CIC reiterating his request for the information.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for November 23, 2009.
3. Shri Amitkumar Jha, PIO was tried over phone but contact could not be established due to lines being faulty at the Commission.
4. The Applicant was not present during the hearing.
Decision
5. The Commission received a rejoinder dt.20.11.09 from Shri A.V.Kulkarni, Appellate Authority stating that since the information pertains to G.M.(Mobile Wing) Pune, the information is not available with his office and that the Applicant was informed that there is no information available against any point. He also added that there is a separate Mobile Wing headed by General Manager stationed at Pune. The installation and commissioning of mobile towers is carried out by GM(Mobile) Pune through vendors/contractors appointed by them. As such, the installation of mobile equipment at Sajjangad site Satara was also carried out by them. Their contractors carried the mobile wire bundle to the site and thus all the documents regarding payment of labour, measurement books etc. may be available with G.M.(Mobile) Pune. After completion of the installation and commissioning, the site is handed over to GM, Satara for operation and maintenance work. Prior to this stage, GM, Satara has no control over the different activities of installation wing. Under this context, the information asked by the Appellant was not available and hence reply was given accordingly.
6. The Commission after hearing the submission of the Respondent directs the CPIO to transfer the RTI application to General Manager (Mobile) Pune and directs the GM(Mobile) Pune to provide the information directly to the Appellant by 25.12.09.
7. The Commission also directs the CPIO, BSNL, Satara to show cause why penalty should not be levied on him for not transferring the RTI application to the General Manager (Mobiles) Pune under Section 6(3) of the RTI Act when he knew that the GM was the custodian of the information sought. The response to reach the Commission by 25.12.09.
8. The Appellant is directed to submit a compliance report to the Commission by 30.12.09.
9. The appeal is disposed off with above directions.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Asst. Registrar Cc:
1. Shri Moreshwar Ramachandra Sabnis Prathmesh Park 323 Mangalwar Peth Satara
2. The CPIO Bharat Sanchar Nigam Limited O/o General Manager Telecom Old LIC Building, Palace Street Satara 415 002
3. The Appellate Authority Bharat Sanchar Nigam Limited O/o General Manager Telecom Old LIC Building, Palace Street Satara 415 002
4. Officer incharge, NIC