Central Information Commission
Salim Babu P.K vs Bharat Sanchar Nigam Limited on 30 November, 2021
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सच ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
File no.: - CIC/BSNLD/C/2020/114251
In the matter of:
Salim Babu P.K
... Complainant
VS
CPIO / DGM(CFA / EB),
Bharat Sanchar Nigam Ltd,
O/O The General Manager Telecom
Alappuzha - 688011
... Respondent
RTI application filed on : 18/12/2019 CPIO replied on : 21/01/2020, 19/02/2020 First appeal filed on : Not on record
First Appellate Authority order : Not on record Complaint Filed on : 02/03/2020 Date of Hearing : 30/11/2021 Date of Decision : 30/11/2021 The following were present:
Complainant: Present over VC Respondent: Usha B, DGM & CPIO , BSNL- present over VC Information Sought:
The Complainant has sought the following information:
1. Provide a certified copy of the service book of the applicant (Emp. No. 199102934) pertaining to leave record for the period from 1-1-2010 to the date of voluntary retirement from service.
2. Provide details of statutes on the basis of which the BSNL Administration at Alleppey is demanding a request from the applicant for releasing the title deeds of the Property even after the foreclosure of HBA.
3. Give a firm date for implementing BSNL Corporate office communication vide No.68- 127/2015-pers(legal) dated 06/09/2016.1
Grounds for Complaint The CPIO provided incorrect and misleading information. The Complainant has sought compensation for the detriment suffered.
Submissions made by Complainant and Respondent during Hearing:
The complainant in his complaint informed that he received information for point no 1, but for points 2 & 3, incorrect and misleading information was given. He has sought compensation for the detriment suffered and release of the title deed of the concerned property. During the hearing he stated again that point no 2 has not been replied to properly as no statute has been mentioned.
The CPIO has provided written submissions dated 26.11.2021 wherein she has pointed out that the complainant did not file a first appeal and came straight to the Commission with his complaint. She also stated that it is not known how the complainant has calculated the amount demanded and on what basis interest at 12% is to be paid. Further, the complainant had taken a housing loan from DoT before the formation of BSNL , therefore, the title deed is in the custody of DoT and not their office.
The CPIO stated that the complainant has to give an application to the BSNL as informed to him. She also stated that for point no 3, further information was given on 11.06.2020 wherein payment details were given.
Observations:
From a perusal of the reply of the CPIO, it is seen that the complainant is right in pointing out that incomplete information has been given. On a query to the CPIO whether the DoT was asked to return the title deed and provide the information on point no 2, she informed that this had to be taken up with DoT. The CPIO is advised henceforth to obtain the information under Sec 5(4) of the RTI Act, by seeking assitance from the custodian of the information rather than giving this kind of reply. It is also noted that the CPIO had on 11.06.2020 given the remaining information for point no 3.2
Decision:
In view of the above, no further action is warranted as the queries have been duly replied to.
The complaint is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना)
Information Commissioner (सच
ू ना आयु त)
Authenticated true copy
(अ भ मा णत स या पत त)
A.K. Assija (ऐ.के. असीजा)
Dy. Registrar (उप-पंजीयक)
011- 26182594 /
दनांक / Date
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