Central Information Commission
Shri Shiv Kumar vs Bsnl, Ghaziabad on 5 November, 2009
Central Information Commission
CIC/AD/A/2009/001359
Dated November 5, 2009
Name of the Applicant : Shri Shiv Kumar
Name of the Public Authority : BSNL, Ghaziabad
Background
1. The Applicant filed an RTI application dt.8.7.09 with the CPIO, BSNL, Ghaziabad requesting for information against 4 points including information about various telephone poles which have been removed with cables, bracket etc from various places in Ghaziabad and also the dates of removal and the stores in which the items have been stored and information recorded in the measurement books. He also wanted to know the names of the officers who had given the orders for their removal and the number of poles which had been removed. In the event the details of items stored have not been entered in the Measurement Book in any store, he wanted to know the name of the officer who had sold the items in the market and the action taken against that officer. On not receiving any reply, he filed an appeal dt.8.8.09 with the Appellate Authority stating that even after 30 days, he has not received the information. The CPIO instead of the Appellate Authority replied on 18.8.09 providing point wise information. He also stated that no officer has given any such orders to remove the old telephone lines and that they are not aware of any information about the removal of the items. He further added that information related to sale of any of the items in the market is also not available in the records. Being aggrieved with the reply, the Applicant filed a second appeal dt.19.9.09 before CIC once again seeking information against the points in his application.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for November 5, 2009.
3. Shri D.K.Singh, CPIO and Shri Jagdish singh, Asst. Director (Admn) represented the Public Authority.
4. The Applicant was present during the hearing.
Decision 5 The Respondent submitted that the Appellant had not indicated the period for which he is seeking the information. Also no information as sought by the Appellant is available in their records. The Appellant stated that when he visited the places 4 years ago, the pillars and the telephone lines were there but when he visited the same place 4 months prior to the filing of RTI application none of them could be seen. He wanted to know what happened to them and who was responsible for removing them.
6. After hearing the submissions from both sides, the Commission directs the CPIO under Section 18(2) to constitute a committee, with the Appellant as a member, to enquire into the matter including the details of number of poles which were present in that area 4 years ago and whether they are still there or not at present and if not what has happened to them. The enquiry report to be provided to the Appellant by 31.12.2009, with a copy to the Commission. The Appellant to send a compliance report on receipt of the report.
7. The Commission directs the CPIO, BSNL, Ghaziabad to Show Cause as to why a penalty of Rs.250/- per day should not be imposed on him for not responding to the RTI application within the stipulated period as prescribed under the RTI Act. The CPIO is directed to submit his explanation in person before the Commission on 4.1.2010 at 2.45 pm.
8. The appeal is accordingly disposed of.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Asst. Registrar Cc:
1. Shri Shiv Kumar S/o Shri Sutesh Veer R/o Village - Chhapkauli Post - Babugarh Ghaziabad 245 201
2. The CPIO Bharat Sanchar Nigam Limited O/o General Manager Telecom District Ghaziabad
3. The Appellate Authority Bharat Sanchar Nigam Limited O/o General Manager Telecom District Ghaziabad
4. Officer incharge, NIC
5. Press E Group, CIC