Central Information Commission
Shri.P Meenaiah vs Bharat Sanchar Nigam Limited on 9 October, 2013
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/BS/A/2012/001564/3660
09 October 2013
Relevant Facts emerging from the Appeal:
Appellant : Mr. P. Meenaiah
CSC Metpally BSNL,
District: Karimnagar
Andhra Pradesh- 505325
Respondent : CPIO & DGM (Admin)
BSNL
O/o the General Manager Telecom
District Karimnagar-505001
RTI application filed on : 03/07/2012
PIO replied on : 02/08/2012
First appeal filed on : 04/08/2012
First Appellate Authority order : Not mentioned.
Second Appeal received on : 11/10/2012
Information sought:
As I, P Meenaiah, Sr. TOA (G) working under SDE MTL, many problems are kept under pending from 01/11/2005 to till now:
(a) On 01/11/2005 my increment was kept under pending after rectify the problem. Also arrears amount was not paid till now. Why arrears amount was not paid? Kindly supply the information under RTI Act 2005.
(b) In fact as I Sr. TOA(G) appointed under regular basis on 1999 but for some period irregularly treated me as TOA instead of Sr. TOA(G) during this period some amount was recovered. Again our administration decided to protect my pay why recovered amt was did not pay me basic till now. Kindly supply the information under RTI Act.
(c) As I have been appointed as regular SR. TOA(G) on 1999 (under regular basis) . According to BSNL promotion policy my first promotion should be on 01/10/2004, but I request to your authority to treat my promotion benefits should be from 01/11/2004 because my date of increment was on 01/11/2008. Till now why my promotion is kept under pending, kindly supply the information under RTI Act 2005.
(d) BSNL pay revision/pay commission was effected /implemented from 01/01/2007. All employees were paid arrears but till now my arrears payment is kept under pending. Kindly supply the reasons for pending under RTI Act 2005.
(e) During the suspension period I was paid only substances allowances. In fact I was/succeeded the case copy was submitted to your authorities. Entire suspension period will be treated what about my salary. Pay and allowances for entire suspension period.
Kindly supply the reasons for pending under RTI Act 2005.
Page 1 of 3(f) As I have been transferred to Korula from the GM office on Aug 2008. I was applied for transfer T.A. till now, I was not awarded transfer TA. Though I put request to your authorities where as Mr. Govardan was awarded transfer TA though he was transferred in no transfer TA basis. Why my request was not considered why I was not awarded, kindly supply reasons under RTI Act 2005.
(g) I requested to your authorities to get the TTA result from circle office. Did you forward any report to circle office to get the result, if it so, kindly supply the certified copy under RTI Act 2005.
Grounds for the Second Appeal:
The CPIO has refused the information claiming that it under Section 2(f) of the RTI Act.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. P. Meenaiah through VC Respondent: Mr. D.V.S Prakash Rao APIO through VC The appellant stated that his promotion/increment had been kept in abeyance without any reasons and he wants the relevant circulars/file notings based on which the said action has been taken. He further stated that even his transfer TA bill has not been approved and he wants the reasons for the same. The APIO stated that the promotion/increment at the relevant time were kept in abeyance as the appellant was under suspension from 18/10/2010 to 20/04/2012, however, after reinstatement he has been promoted and the arrears have also been released. The appellant contested stating that his increment/promotion was kept pending much before his suspension and he needs the relevant documents based on which the action was taken. The APIO clarified that the appellant has filed multiple RTI applications and all the information including copies of his service book have already been made available and if the appellant needs any further information he is free to inspect the relevant records and take whatever information/documents he needs but queries of interrogatory nature/contesting the action of the public authority do not fall under the RTI Act. The appellant requested that he may be allowed an inspection of the records.
Decision notice:
The Commission directs the CPIO to permit the appellant to inspect the relevant records relating to his RTI application dated 03/07/2012 and also allow him to take photocopies/extracts therefrom, free of cost, up to 20 pages within 15 days from the date of receipt of this order.
The appeal is disposed of accordingly.
BASANT SETH Information Commissioner Authenticated true copy:
(A.K.Jha) Deputy Secretary and Deputy Registrar Page 2 of 3 Page 3 of 3