Central Information Commission
Mr.Mohit Jhangiani vs M.T.N.L on 26 February, 2009
Central Information Commission
CIC/AD/A/09/00176
Dated February 26, 2009
Name of the Applicant : Mr.Mohit Jhangiani
Name of the Public Authority : M.T.N.L
Background
1. The Applicant filed his RTI application dt.5.6.08 with the CPIO, MTNL. He requested information against 41 points and in particular with regard to a list of complaints made on No.26882198/198 in respect of Tel.No.26889444 w.e.f January 2005 till date. The CPIO replied on 27.6.08 denying information u/s 8(1) (j) of the RTI Act. The Applicant filed an appeal dt.28.8.08 with the Appellate Authority. The Appellate Authority provided point-wise information. (Copy of reply not in the file). Not satisfied with the reply, the Appellant filed a second appeal dt.21.10.08 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for February 26, 2009.
3. Mr. M.P. Singal, GM (OP) & CPIO, Mr. D.P. Singh, GM (BCP) and Mr. C.B. Singh, SDE(RTI) represented the Public Authority.
4. The Applicant was present during the hearing.
Decision
5. The Commission observed that the CPIO denied the information under Section 8(1)(j) of the RTI Act stating that the information belongs to a third party without bothering to invoke Section 11(1) to get the submission of the third party, thereby delaying furnishing of information and putting the Appellant through great mental harassment and tension. The Appellant submitted that all the information provided to him is incomplete, false and at times irrelevant. He shared with the Commission a list of comments based on the reply provided to him by the Public Authority, pointing out the missing/incomplete/irrelevant information provided against each point. The Appellant's contention was that some of the questions which he raised did not relate to a third party and that the BSNL ought to he at least provided information to him against those points.
6. After hearing the submissions put forth by both the parties, the Commission directs the CPIO to provide an affidavit (under Section 18(3) (c) of the RTI Act to the Appellant giving all available information, point wise and stating where information is not available, on the basis of the comments supplied by the Appellant (a copy of the comments was handed over to the Respondent), within 15 working days of the receipt of this Order. The CPIO is directed to show cause as to why a penalty of Rs.250/- per day should not be imposed on him for not providing the information within the mandatory period. The response should reach the Commission within 15 days of the receipt of this Order.
4. The appeal is disposed off.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(K.G.Nair) Designated Officer Cc:
1. Mr.Mohit Jhangiani S/o Mrs.Meera Jhangiani Flat No.105, 2nd Floor Sector-14, Pocket-B Phase-II, DDA MIG Flats Dwarka 110 075
2. The CPIO & General Manager Mahanagar Telephone Nigam Limited K.L.Bhawan Janpath New Delhi 110 001
3. The Appellate Authority & Chief General Manager Mahanagar Telephone Nigam Limited K.L.Bhawan Janpath New Delhi 110 001
4. Officer in charge, NIC
5. Press E Group, CIC