Central Information Commission
Mrp W Sawhney vs Bharat Sanchar Nigam Limited on 26 November, 2015
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/BS/C/2013/000096/9083
26 November 2015
Relevant Facts emerging from the Complaint:
Complainant : Mr. P S Sawhney RTI
R/o - 130, Sector - 45 -A, application
Chandigarh - 160047 filed on
:
Respondent : CPIO / Dy. GM (HR),
BSNL 24/03/2011
O/o GMTD, PIO Reply
Room No 217, 2nd Floor, dated
T. E. Bldg. Sector 34, Chandigarh
: 23/04/2011
Complaint dated : 06/06/2011
Information sought:-
The complainant has sought the details of each and every call received at telephone number 2660130 on the 09th and 10th Mar 2011, including the source of its origin, with the complete postal address of the individual who made the calls.
Grounds for the Complaint:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present Complainant: Mr. P S Sawhney through VC Respondent: Mr. Gurbax Singh through VC The applicant stated that he needs information and the matter should be decided as an appeal under Section 19 of the RTI Act.
He submitted that the incoming CDR on his landline number 2660130 for 9 th & 10th March 2011 have not been provided. The CPIO's representative stated that incoming calls are not recorded by the system unless prior request is made by the subscriber and the information is not available. The appellant pointed out that Shimla circle has provided details of incoming calls. The CPIO's representative submitted that these were recorded based on the appellant's prior request. The appellant requested that the system engineer may confirm to him in writing that details of incoming calls were not being recorded by the system at the time the RTI application was received. The CPIO's representative agreed.Page 1 of 2
Decision notice:
It is important to note that only such information can be supplied under the Act that is available and existing and is held by the public authority. The PIO is not supposed to create information that is not a part of the record of the public authority.
As agreed by the CPIO's representative he should provide a letter from the system engineer confirming that details of incoming calls were not being recorded by the system at the time the RTI application was received. The order should be complied within 15 days from the date of receipt.
The matter is disposed of accordingly.
BASANT SETH Information Commissioner Authenticated true copy:
(R. L. Gupta) Dy. Registrar/Designated Officer Page 2 of 2