Central Information Commission
Rambir Singh vs Telecom Disputes Settlement & ... on 2 September, 2019
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सच ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
Decision no.: CIC/TDSAT/A/2018/157083/01526
File no.: CIC/TDSAT/A/2018/157083
In the matter of:
Rambir Singh
... Appellant
VS
Central Public Information Officer
Telecom Disputes Settlement and Appellate Tribunal
Room No. 478, 4th Floor, Hotel Samrat,
Kautilya Marg, New Delhi - 110 021
... Respondent
RTI application filed on : 13/03/2015 CPIO replied on : 09/04/2018 First appeal filed on : 03/04/2018
First Appellate Authority order : 04/06/2018 Second Appeal dated : 17/09/2018 Date of Hearing : 02/09/2019 Date of Decision : 02/09/2019 The following were present:
Appellant: Present in person Respondent: Shri Rajesh Pant, Desk Officer & CPIO alongwith Shri Ajay Shanker Bajpai, Assistant & ACPIO, both present in person.
Information Sought:
The appellant has sought the following information regarding order dated 20/08/2016 passed by Hon'ble Member Sh. B. B. Srivastav (TDSAT) in Broadcasting Petition no. 257 of 2014. M/S Siti Cable Limited Vs Shyam cable:1
1. Provide the details of the Tribunal notice to the parties about the date and place of hearing of the petition/appeal/misc. application etc under Section 10(i) of TDSAT procedure 2005, before passing the above order.
2. Proof of the mode of notice /served/issued to the concerned parties in the above mentioned matter under Section 10(i) TDSAT procedure 2005 before passing the above order.
3. Whether the Hon'ble Tribunal notify the parties the date and place of hearing, if so provide the proof of delivery report of notice.
4. And other related information.
Grounds for Second Appeal The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that he is not satisfied with the response of the CPIO as proof of the mode of notice served/issued to the concerned parties in the above mentioned matter before passing the order dated 20.08.2016 and a copy of an early hearing application, if any filed by the petitioner after 04.12.2015 and before 20.08.2016 in the case before TDSAT was not provided to him.
The CPIO submitted that an appropriate reply had been provided to the appellant on 09.04.2018.
Observations:
From a perusal of the relevant case records, it is noted that even though an adequate reply had been provided to the appellant wherein he was provided an opportunity to inspect the records which was duly availed by the appellant, however, on a query by the Commission whether there is any proof of the mode of notice served to the appellant and whether any early hearing application was filed by the petitioner in the TDSAT case, the CPIO showed his inability to submit anything in this matter during the hearing.
Decision:
Based on the above observations, the CPIO is directed to go through the records and provide a revised reply to the appellant on points no. 2 & 4 of the RTI application within a period of 10 days from the date of receipt of this order under intimation to the Commission and in case no such information is 2 File no.: CIC/TDSAT/A/2018/157083 available with them, the CPIO should specifically mention the same in his reply giving sufficient reasons for such non-availability of the information.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू ना आय! ु त) Authenticated true copy (अ भ मा णत स या पत त) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 3