Central Information Commission
Shiva Ram vs Bharat Sanchar Nigam Limited on 1 July, 2024
Author: Heeralal Samariya
Bench: Heeralal Samariya
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
द्वितीय अपील संख्या / Second Appeal No. CIC/BSNLD/A/2023/651243
Shri Shiva Ram ... अपीलकताा /Appellant
VERSUS/बनाम
PIO, ...प्रद्वतवादीगण /Respondent
Bharat Sanchar Nigam Limited
Date of Hearing : 28.06.2024
Date of Decision : 28.06.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 29.04.2023
PIO replied on : 09.06.2023
First Appeal filed on : 10.06.2023
First Appellate Order on : 07.07.2023
2ndAppeal/complaint received on : Nil
Information soughtand background of the case:
The Appellant filed an RTI application dated 29.04.2023 seeking information on following points:-
1 Please arrange to provide the status of reply by Respondents (BSNL) of my OA number OA/126/2022(Jodhpur) dated 29.06.2022 in Honourable Central Administrative Tribunal (CAT), Jodhpur as per issued notice by Honourable CAT, Jodhpur to the respondents (BSNL) on dated 25.07.2022 and as per directions of Honourable CAT, Jodhpur returnable within four weeks. But it is still pending from reply(Pending reply from Jodhpur BA since more than 09 months) from respondents (BSNL) as per my queries to concerns many times.
2 Please arrange to provide the status (As status not convey even I requested many times through Emails etc.) of my review Disciplinary appeal (Dated 08.08.2022) sent through proper channel to Honourable Director HR, BSNL Board, Corporate office, New Delhi. As due to my review Disciplinary appeal pending my E4 to E5 IDA Upgradation pending since long (All of my Batchmates/Collegues got much before).
3. Please arrange to provide the Names of AGMs (Regular) of Udaipur BA/Bansawara (OA) of Rajasthan Circle whom/who have/has been transferred as per Corporate office, New Delhi order dated 27.01.2023 to Page 1 other circle. Also it is requested to convey the reasons why he/they is/are still not relieved by Circle office, Jaipur even so many administrative (administrative complaints up to Honourable Director HR Level, BSNL Board New Delhi) /vigilance(Complaints of vigilance up to GM Vigilance Jaipur & others)etc. complaints (for framing illegal chargesheet and punishment illegally without any written complaints against me and without any misconducts etc. by me. The Vigilance and Administrative complaints against Shri Sumeet Doshi AGM Banswara OA, other the then officers of Banswara OA, the then officers Udaipur BA and the then officers of Circle office, Jaipur) against them/him.
The CPIO, Bharat Sanchar Nigam Limited, Jodhpur vide letter dated 09.06.2023 replied as under:-
"उपरोक्त विषयानुसार यह लेख है वि आपिे द्वारा विया गया ऑनलाइन आरटीआई आिेदन BSNRJ/R/T/23/00041 वदनाांि 11-05-2023 एिां इस िायाालय िो अग्रेवषत वदनाांि 12-05-2023 िे तहत माांगी गई गयी िाांवित सूचना आपिे ऑनलाइन आरटीआई आिेदन BSNRJ/R/T/23/00039 में वदनाांि 09-06-2023 िो दी जा चूिी है।"
1. द्वबन्दु संख्या 1: 0A number-OA/126/2022 (Jodhpur) द्वदनांक 29- 06-2022, Honourable CAT. जोधपुर के सम्बन्ध में reply प्रस्तुत करने हेतु मामला प्रद्वियाधीन है व शीघ्र ही माननीय न्यायालय नै reply प्रस्तुत कर दी जाएगी I
2. द्वबन्दु संख्या 2 : आपके िारा मांगी गयी सूचना अनुलग्नक-अ पर संलग्न है। इसके अद्वतररक्त इस कायाालय में इससे सम्बंद्वधत कोई भी सूचना उपलब्ध नहीं है।
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 10.06.2023. The FAA vide order dated 07.07.2023 upheld the reply of CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Written submission dated 27.06.2024 has been received from the CPIO, BSNL, Jodhpur and same has been taken on record.
Facts emerging in Course of Hearing:
Appellant: Not present Respondent: Mr. S.P. Nehra AGM, BSNL, Jodhpur - participated in the hearing through video-conferencing.
The Respondent stated that the relevant information has been duly furnished to the Appellant. He further stated that information sought in the instant RTI Page 2 Application is related to reply/documents submitted before the court. He stated that their department has submitted reply/documents before the court and any documents related to the case can be sought from the concerned court as per court rules. He stated that information as available in their official records has been provided to the Appellant and no further information is available in their records.
Decision:
At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission along with annexures if any, to the RTI Applicant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Keeping in view the facts of the case and the submissions made during hearing, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent. Commission notes that 'information' as defined in the section 2(f) of the Act, only refers to such material as is already available in the records of the public authority. Furthermore, the RTI Act, 2005 does not cast an obligation upon the public authority, to collect or collate any non-available information and then furnish it to an applicant. Hence, no further intervention of the Commission is required in the instant matter.
Appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अद्वभप्रमाद्वणत सत्याद्वपत प्रद्वत) S. K. Chitkara (एस. के. द्वचटकारा) 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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