Anand Katteppa Koli vs Bharat Sanchar Nigam Limited on 14 August, 2025

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Anand Katteppa Koli vs Bharat Sanchar Nigam Limited on 14 August, 2025

Bench: Heeralal Samariya

                                     के न्द्रीय सूचना आयोग
                            Central Information Commission
                                 बाबा गंगनाथ मागग, मुननरका
                            Baba Gangnath Marg, Munirka
                             नई दिल्ली, New Delhi - 110067

नितीय अपील संख्या / Second Appeal No. CIC/BSNLD/A/2024/633622

Shri Anand Katteppa Koli                                          ... अपीलकताग/Appellant
                                    VERSUS/बनाम

PIO, Bharat Sanchar Nigam Limited                             ...प्रनतवािीगण /Respondent

Date of Hearing                           :   12.08.2025
Date of Decision                          :   12.08.2025
Chief Information Commissioner            :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :            19.04.2024
PIO replied on                    :            08.05.2024
First Appeal filed on             :            15.05.2024
First Appellate Order on          :            21.06.2024
2 Appeal/complaint received on
 nd                               :            05.08.2024

 Information sought

and background of the case:

The Appellant filed an RTI application dated 19.04.2024 seeking information on the following points:-

1) Please provide the information on, whether File No: BSNLCO-

A/11(11)/9/2022-ESTAB Dated: 25-07-2022 and letter No. MHCO- RECT/17(15)/6/2020-0/0 GM(ESTT)-BSNL-MHCO-Part(1) dated 01.08.2022, as mentioned above, is applicable to BSNL, Solapur.

2) Please provide the information on, whether the instructions, mentioned in File No: BSNLCO-A/11(11)/9/2022-ESTAB Dated 25-07-2022: & letter No RECT/17(15)/6/2020-0/0 GM(ESTT)-BSNL-MHCO-Part(1) dated 01.08.2022 have been implemented, in Solapur, in totality.

3) Please provide the information on, whether any other clarification, has been sought by BSNL Solapur, from BSNL Maharashtra Circle Office or BSNL Corporate office, for releasing all the pensionary/retirement benefits, in respect of retirees whose caste certificate verification is pending and those who have not applied online to District Level Caste Scrutiny Committee, of Maharashtra state Government, for caste validity. Kindly provide a copy if clarification is sought for.

4) If further clarification as per 3 above, is not sought for, please provide information on, when will BSNL Solapur, start processing payment, of all the pensionary/retirement benefits, of retirees, whose caste certificate verification is pending and those who have not applied online to District Level Caste Scrutiny Committee, of Maharashtra state Government, for caste validity.

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5) Please provide information on, the reasons for abnormal delay in payment of all the pensionary/retirement benefits, of retirees, whose caste certificate verification is pending and those who have not applied online to District Level Caste Scrutiny Committee, of Maharashtra state Government, for caste validity. BSNL Solapur office had enough time period of about more than 8 months from the issue of letter No. MHCO-RECT/17(15)/6/2020-0/0 GM(ESTT)-BSNL-MHCO- Part(1) dated 01.08.2022 till 31.03.2023.This letter dated 01.08.2022 was endorsed/forwarded by BSNL Maharashtra Circle office to All BA/Vertical/Unit Heads of Maharashtra Telecom Circle, for compliance and necessary action thereupon. During this period of 8 months, the pensionary and retirement benefits could have been disbursed to retirees, including those whose caste certificate verification is pending and those who have not applied online to Maharashtra state Government's District Level Caste Scrutiny Committee for caste validity.

6) Please provide information on, whether BSNL Maharashtra Circle Office or BSNL Corporate Office has issued any order, instructing BSNL Solapur, not to release payment of pensionary/retirement benefits to retirees, whose caste certificate verification is pending and those who have not applied online to District Level Caste Scrutiny Committee, of Maharashtra state Government, for caste validity.

The CPIO & AGM (Admn.), BSNL, Solapur vide letter dated 08.05.2024 replied as under:-

"1. Applicable to BSNL Solapur.

2. Yes implemented & leave Encashment released

3. No.

4. As per the letter No. BSNLCO-A/11(11)/9/2022-ESTAB dated 25/07/2022 and MHCO-RECT/17(15)/6/2020-0/0 GM(ESTT) BSNL MHCO-Part-1, the eligible payment LE released.

5. No delay, the eligible payment released.

6. Information is available in referred letter."

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 15.05.2024. The FAA, BSNL vide order dated 21.06.2024 held as under:-

"With reference to the appeal received on 15/05/2024 on the RTI, you were asked to visit this office for hearing on 18/06/2024 but you have not attended the same and also intimated that you will be not able to attend for hearing. Further it is to inform that as per the letter of corporate office No. BSNL CO- A/11(11)/9/2022-ESTAB dated 25/07/2022 all the eligible payments,

1. Leave Encashment

2. GPF have been paid It is also inform that as per the above referred letter, gratuity will be paid after the conclusion of the departmental or judicial proceeding and issue of final orders there on, and regarding ex-Gratia payment for VRS-19 retirees, the decision of DOT in the matter is awaited. Accordingly appeal filed by you is disposed off."

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

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Facts emerging in Course of Hearing:

Hearing was scheduled after giving prior notice to both the parties.

Appellant: Present through video conference Respondent: None The Appellant contended during hearing that information sought by him had not been furnished to his satisfaction. Respondent was not present for hearing.

Decision:

Perusal of records of the case reveals that the information available on record with the public authority and defined as information under Section 2(f) of the RTI Act, has been duly provided to the Appellant, in terms of the RTI Act. The FAA's order is detailed, comprehensive and self explanatory as such.

However, the Respondent failed to appear during the hearing without any justifiable explanation, thereby leading to the proceedings being vitiated in clear violation of the provisions of the RTI Act. Hence, it is hereby directed that the CPIO, General Manager, BSNL, Solapur shall submit a suitable explanation for his absence during hearing and as to why no penal action should be initiated for the violation of the express provisions of the RTI Act. The explanation must reach the Commission within four weeks of receipt of this order, failing which appropriate action shall be initiated, in terms of law.

In the light of the aforementioned discussion, no further intervention is warranted in this case, under the RTI Act.

The appeal is disposed off accordingly.

Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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