Central Information Commission
Rajesh Kumar vs Bharat Sanchar Nigam Limited on 19 December, 2024
Author: Heeralal Samariya
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/2023/653554
Shri Rajesh Kumar ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Bharat Sanchar Nigam Limited
Date of Hearing : 17.12.2024
Date of Decision : 17.12.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 06.10.2023
PIO replied on : 10.11.2023
First Appeal filed on : 10.11.2023
First Appellate Order on : 01.12.2023
2 Appeal/complaint received on
nd : 02.12.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 06.10.2023 seeking information on following points:-
"Preliminary investigation/inquiry was requested for various corruption cases vide letter no. 16/ WKS (Misc)/SETC / Part V / 276 dated 27.07.2022 addressed to Sr. Chief Engineer (C), BSNL Bihar Civil Zone, Patna with copy to the CGMT, BSNL Bihar Telecom Circle, Patna wherein letters having similar request made earlier was also cited under reference. In this context, following information may be made available.
1. Whether preliminary investigation/inquiry in respect of any of the reported matters/issues/cases is instituted by the competent authority as on date?
2. Whether preliminary investigation/inquiry in respect of any of the reported matters/issues/cases is initiated by the vigilance wing of BSNL as on date?"
The CPIO, Bharat Sanchar Nigam Limited, Patna vide letter dated 10.11.2023 replied as under:-
Point No. 1 & 2:- The sought information do not come under the purview of section 2(f) of RTI Act, 2005. Hence it cannot be supplied."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 10.11.2023. The FAA vide order dated 01.12.2023 upheld the reply of CPIO.
Page 1 Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Absent Respondent: Shri Vinay Kumar ,AGM The CPIO submitted that the information sought by the Appellant is not covered under the definition of information as provided under Section 2(f) RTI Act,2005. Hence the sought information cannot be provided to the Appellant and the same was duly communicated to the Appellant vide letter dated 10.11.2023.
The CPIO further referred to the written submissions dated 16.12.2024 and stated the applicant is serving as senior officer in civil section of Bharat Sanchar Nigam Limited and the letter mentioned in RTI application i.e 16/WKS (Misc) /Part V /276 addressed to Sr. CE (Civil) Bihar Zone with the copy of CGMT Patna was written by the applicant itself in his official capacity for investigation/inquiry of vigilance unit while he was posted in BSNL Bihar Telecom Circle. Accordingly, vigilance unit conducted inquiry in the matter and the reply in the matter received from Sr. CE (Civil) and DGM (Vigilance) were supplied to the applicant. The information asked by the applicant included answers to the questions which were interrogatory in nature and thus, it was accordingly replied as per provisions of the RTI Act. The information sought is related to third party.
Decision:
Upon the perusal of the case records & submissions, the Commission observes that an appropriate reply has been provided by the CPIO. No further action lies.
The Appeal stands disposed off.
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 2 Page 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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