Central Information Commission
Rajkumar Subramaniyam Bhusekar vs Bharat Sanchar Nigam Limited on 7 August, 2025
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/2024/128262.
Shri. Rajkumar Subramaniyam Bhusekar. ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Bharat Sanchar Nigam Limited.
Date of Hearing : 05.08.2025
Date of Decision : 05.08.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 09.05.2024
PIO replied on : NA
First Appeal filed on : 30.05.2024
First Appellate Order on : 27.06.2024
2ndAppeal/complaint received on : 09.09.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 09.05.2024 seeking information on following points:-
"RTI For Aurangabad Bsnl I Above Named Vrs-19 Retiree On 31/1/2020, Hrms No199102334 Post Asstt General Manager - Pl Give Following Information (1) My Appointment As Technician On 14/5/1991 Recruitment Year For Which I Was Recruited (2) No. Of Posts For Which Recruitment Was Held (3) Copy Of Recruitment Rules (4) No Of Candidates Selected In The Order Of Merit Along With Marks Obtained By Them (5) Copy Of File Noting Of Recruitment File (6) Name And Designation Of Officer Who Approved Selection (7) Copy Of Schedule Of Ccs Cca Rules In Telegraph Division/Telephone Division O Circles Showing Appointing Authority Of Technician Cadre (8) Copy Of Reservation Roaster Of Relevant Year."
PIO has furnished reply dated 20.05.2024 as under:
"..With reference to above cited letter, the reply to be given as against two number of online RTI applications dated 30/04/2024 and that of dated 09/05/2024 filed by Shri Rajkumar Subramaniam Bhusekar vide Registration number - BSNMH/R/E/24/00076- & BSNMH/R/E/24/00087 respectively; is as under: -
Page 1 The information sought by the said RTI applicant could not be supplied for the reasons stated below:-
1) The complaint has been lodged centrally at BSNL Corporate/ Circle office level wherein it is alleged that, false/fake ST caste certificate is submitted by some BSNL employees at the time of recruitment/appointment or during service. The name of said RTI applicant is appearing in such complaint. This complaint is now under investigation and has not attained finality at this moment in terms of closure of requisite complaint as such.
2) So far as said RTI applicant is concerned; consequent upon serving of charge-sheet/memorandum and reply/denial been filed thereof in response thereto, the departmental/disciplinary proceedings been instituted/initiated as against the said RTI applicant has proceeded further to the stage of inquiry and such inquiry proceedings are as on date pending for final conclusion/decision.
3) Further, vide OA No. 359/2022, the said applicant has approached the Central Administrative Tribunal Bench at Mumbai for challenging the action of BSNL for withholding the retirement benefits payable to Shri R. S. Bhusekar. These judicial proceedings are as on date pending before the Tribunal for the purpose of adjudication/decision.
4) As per provisions contained within clause (h) of Section 8 (1) of the RTI Act-2005; the disclosure of any information concerned with ongoing judicial/disciplinary proceedings and that which is falling within the purview of the very issue/matter being investigated/inquired upon may as such impede the process of investigation been conducted as a result of the extant complaint.
Therefore, for the very reasons as stated supra, this office is not in a comfortable position so as to supply any sort of information in relevance with verification of ST caste certificate task undertaken on the verge of alleged complaint on record..."
Aggrieved by reply received from the CPIO within time limit, the Appellant filed a First Appeal dated 30.05.2024. The FAA, vide order dated 27.06.2024 replied as under:-
"The RTI request in question was disposed by CPIO BSNL Aurangabad by making it clear that, in view of complaint lodged centrally at BSNL Corporate/Circle Office alleging about false/fake ST caste certificate submitted by appellant which is presently under investigation and has not attained finality till date; the requested information could not be disclosed as it stands exempted under section 8(1)(h) the RTI Act-2005. Also, such exemption from disclosure would come into vogue as judicial proceedings filed by way of OA No. 359/2022 are still pending for adjudication before the Central Administrative Tribunal Bench at Mumbai. Being aggrieved with such communication and clarification provided by CPIO BSNL Aurangabad; present appeal application is preferred stating that, information requested under RTI is related to personal appointment/promotion and that it is not covered under section 8(1)(h) of RTI Act.
Conclusion:-
Page 2 After going through present appeal application & its relevant RTI application as well and upon examining the entire facts and figures associated with the case at hand, it is but certain that, sufficient/justified reason towards exemption from disclosing/supplying the requested information have been communicated by CPIO. Therefore, no intervention as such from appeal point of view is felt necessary in the present matter at hand. Therefore, for the reasons recorded herein above, present first Appeal accordingly stands disposed off to that effect."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Not present Respondent: Mr. Dinesh Kumar, DGM/CPIO- participated in the hearing through video-conferencing.
The Respondent averred that information sought in the instant RTI Application pertains to an ongoing investigation in the complaint case of fake caste certificate. He stated that any disclosure of information/documents sought by the Appellant at this stage would hamper the ongoing enquiry/investigation proceedings and accordingly, the same is exempted under section 8(1)(h) of the RTI Act of 2005.
Decision:
In the light of the submissions made and the material on record, it is observed that as submitted by the PIO, the information sought by the Appellant is intertwined with ongoing enquiry/investigation which is yet to be finalized. It is noted that the information sought in the instant RTI Application is exempted under section 8(1)(h) of the RTI Act, as the enquiry/investigation in the matter is still under process and any disclosure at this stage would hamper the ongoing enquiry/investigation proceedings. In the given circumstances no further intervention in the matter is warranted under 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 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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