Central Information Commission
Rajkumar Dayaram Barapatre vs Bharat Sanchar Nigam Limited on 27 February, 2026
के ीय सू चना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/BSNLD/A/2024/657041
Rajkumar Dayaram Barapatre .....अपीलकता/Appellant
VERSUS
बनाम
CPIO
DGM Admn and CPIO, O/o CGMT,
Maharashtra Telecom Circle,
RTI Section,6th Floor, B Wing,
BSNL Admn Building, Juhu Tara
road, Santacruz W Mumbai -
400054 .... ितवादीगण /Respondent
Date of Hearing : 26.02.2026
Date of Decision : 27.02.2026
INFORMATION COMMISSIONER : Jaya Varma Sinha
Relevant facts emerging from appeal:
RTI application filed on : 02.08.2024
CPIO replied on : 03.09.2024
First appeal filed on : 09.09.2024
First Appellate Authority's order : 05.10.2024
2nd Appeal dated : 21.12.2024
Information sought:
1. The Appellant filed an RTI application dated 02.08.2024(online) seeking the following information:
"Bharat Sanchar Nigam Limited, Corporate Office, New Delhi has issued a letter addressed to The Chief General Manager (T), Maharashtra Telecom Circle, CIC/BSNLD/A/2024/657041 Page 1 of 9 BSNL, Mumbai vide File No: BSNLCO-A/11(11)/9/2022-ESTAB Dated: 25-07- 2022 regarding "Non-payment/delay in payment of retirement benefits on account of delay in verification of caste certificate in respect of retiring employees." which was endorsed/forwarded by BSNL Maharashtra Circle office to All BA/Vertical/Unit Heads of Maharashtra Telecom Circle(including Pune BA) vide letter No. MHCO-RECT/17(15)/6/2020-0/0 GM(ESTT)-BSNL-MHCO-Part(1) dated 01.08.2022. With respect to these letters, complaints by OFROT & Shri Udesing K Padavi Hon. MLA, and many more other points, please provide the following information specific to each point:
01) Please provide information on the number of employees of Maharashtra Telecom Circle against whom OFROT has submitted fake/false caste certificate complaint vide letter no. OFROT/RAIGAD/212/2018 dated 10 DEC 2018.
02) Please provide a copy of complaint submitted by OFROT as mentioned in Sr.No.01.
03) Please provide information on the number of employees of Maharashtra Telecom Circle against whom Shri Udesing K Padavi Hon. MLA from Shahada-
Taloda Constituency has submitted fake/false caste certificate complaint vide letter dated 7/4/2017.
04) Please provide a copy of complaint submitted by Shri Udesing K Padavi as mentioned in Sr.No.03.
05) Please provide the information on, the list of BSNL employees, attached with the complaint by OFROT, alleged to have submitted fake/false caste certificates, is the list provided by BSNL administration.
06) Please provide the information on, the list of BSNL employees, attached with the complaint by Shri Padavi, Hon.MLA, alleged to have submitted fake/false caste certificates, is the list provided by BSNL administration.
07) Please provide the information on, the list of BSNL employees, attached with the complaint by OFROT, alleged to have submitted fake/false caste certificates, is the list provided by the complainant i.e. OFROT.
08) Please provide the information on, the list of BSNL employees, attached with the complaint by Shri Padavi, Hon.MLA, alleged to have submitted fake/false caste certificates, is the list provided by the complainant i.e. Shri Padavi, Hon.MLA.
09) Please provide the information on, letter if any, from the complainant i.e. OFROT, is received by BSNL administration requesting for providing list of employees.
10) Please provide the information on, letter if any, from complainant i.e. Shri Udesing K Padavi, Hon'ble MLA from Shahada-Taloda Constituency, is received by BSNL administration requesting for providing list of employees.
CIC/BSNLD/A/2024/657041 Page 2 of 911) Please provide a copy of request letter from the complainant i.e. OFROT, to provide list of employees as mentioned in Sr.No.09 above.
12) Please provide a copy of request letter from the complainant i.e. Shri Udesing K Padavi, Hon'ble MLA, to provide list of employees as mentioned in Sr.No.10 above.
13) Please provide information on, the BSNL competent authority that sanctioned to provide list of employees to both the complainants.
14) Please provide a copy of sanction letter by BSNL competent authority as per Sr.No.13 above.
15) The fake/false caste certificate complainants i.e. OFROT & Shri Udesing K Padavi Hon'ble MLA from Shahada-Taloda Constituency, has provided the list of BSNL employees, alleged to have submitted fake/false caste certificates to the department at the time of initial joining. These lists were provided to employees along with charge sheets. The data in these lists has the fields Sr. No, HRMS No, Name of Employees, Cader, DATE OF Appointment, DATE OF Retirement, SC/ST, TRIBE MENTIONED ON CASTE CERTIFICATE, ACTUAL CASTE/TRIBE, and STATUS. This confidential employee's data is the ERP software system data of BSNL & strictly limited for the internal use of BSNL Administration. Please provide the information on, availability of this confidential data with the complainants.
16) Please provide the information on, applicability (applicable or not applicable) of Department of Pension & Pensioners' Welfare (DoP & PW) OMs to all BAs & SSAs of BSNL Maharashtra Telecom Circle.
17) Please provide the information on, implementation (implemented or not implemented) of Department of Pension & Pensioners' Welfare (DoP & PW) OMs in all BAs & SSAs of BSNL Maharashtra Telecom Circle.
18) Please provide the information on, compliance (complied or not complied) of Department of Pension & Pensioners' Welfare (DoP & PW) OMs in all BAs & SSAs of BSNL Maharashtra Telecom Circle.
19) Please provide the information on, applicability (applicable or not applicable) of Department of Personnel & Training (DoPT) OMs to all BAs & SSAs of BSNL Maharashtra Telecom Circle.
20) Please provide the information on, implementation (implemented or not implemented) of Department of Personnel & Training (DoPT) OMs in all BAs & SSAs of BSNL Maharashtra Telecom Circle.
21) Please provide the information on, compliance (complied or not complied) of Department of Personnel & Training (DoPT) OMs in all BAs & SSAs of BSNL Maharashtra Telecom Circle.
22) Please provide information on, CCS Pension rules for payment of Regular pension.
CIC/BSNLD/A/2024/657041 Page 3 of 923) Please provide information on, CCS Pension rules for payment of Provisional pension.
24) As per court judgment in the case of Central University of Jharkhand v. Dr. Iswar Chand Bidyasagar, L.P.A.-171 of 2020 d.28.7.2021, it is settled that unless the Discipline and Conduct Rules will be adopted by any employer, no proceeding can be initiated under any of the statutory provision. Please provide information under Rule 60 of BSNL CDA Rules, 2006 on adoption (adopted or not adopted) of Maharashtra State Government rules, regarding Caste Certificate Validation by BSNL.
25) Please provide information on applicability (applicable or not applicable) of Maharashtra State Government GRs (Government Resolutions) to Scheduled Tribe category employees & retirees in BSNL Maharashtra Telecom Circle.
26) Please provide information on implementation (implemented or not implemented) of Maharashtra State Government GRs (Government Resolutions) to Scheduled Tribe category employees & retirees in BSNL Maharashtra Telecom Circle.
27) Please provide information on compliance (complied or not complied) of Maharashtra State Government GRs (Government Resolutions) to Scheduled Tribe category employees & retirees in BSNL Maharashtra Telecom Circle.
28) Please provide information on applicability (applicable or not applicable) of Maharashtra State Government - MAHARASHTRA ACT No. XXIII OF 2001 to Scheduled Tribe category employees & retirees in BSNL Maharashtra Telecom Circle.
29) Please provide information on implementation (implemented or not implemented) of Maharashtra State Government- MAHARASHTRA ACT No. XXIII OF 2001 to Scheduled Tribe category employees & retirees in BSNL Maharashtra Telecom Circle.
30) Please provide information on compliance (complied or not complied) of Maharashtra State Government - MAHARASHTRA ACT No. XXIII OF 2001 to Scheduled Tribe category employees & retirees in BSNL Maharashtra Telecom Circle.
31) Please provide information on applicability (applicable or not applicable) of Maharashtra State Government GR No. एसटीसी-२०१६/ . .८५/का.१० dated 30.04.2016 (with computer code 201604301556189724 on www.maharashtra.gov.in) to Scheduled Tribe category employees & retirees in BSNL Maharashtra Telecom Circle.
32) Please provide information on implementation (implemented or not implemented) of Maharashtra State Government GR No. एसटीसी- २०१६/ . .८५/का.१० dated 30.04.2016 (with computer code CIC/BSNLD/A/2024/657041 Page 4 of 9 201604301556189724 on www.maharashtra.gov.in) to Scheduled Tribe category employees & retirees in BSNL Maharashtra Telecom Circle.
33) Please provide information on compliance (complied or not complied) of Maharashtra State Government GR No. एसटीसी-२०१६/ . .८५/का.१० dated 30.04.2016 (with computer code 201604301556189724 on www.maharashtra.gov.in) to Scheduled Tribe category employees & retirees in BSNL Maharashtra Telecom Circle.
34) Please provide information on applicability (applicable or not applicable) of Maharashtra State Government GR No. बीसीसी 2018/ . .308/16-ब dated 21.12.2019 (with computer code 201912211620118707 on www.maharashtra.gov.in) to Scheduled Tribe category employees & retirees in BSNL Maharashtra Telecom Circle.
35) Please provide information on implementation (implemented or not implemented) of Maharashtra State Government GR No. बीसीसी 2018/ . .308/16-ब dated 21.12.2019 (with computer code 201912211620118707 on www.maharashtra.gov.in) to Scheduled Tribe category employees & retirees in BSNL Maharashtra Telecom Circle.
36) Please provide information on compliance (complied or not complied) of Maharashtra State Government GR No. बीसीसी 2018/ . .308/16-ब dated 21.12.2019 (with computer code 201912211620118707 on www.maharashtra.gov.in) to Scheduled Tribe category employees & retirees in BSNL Maharashtra Telecom Circle.
37) Please provide information on applicability (applicable or not applicable) of Maharashtra State Government GR No. बीसीसी 2019/ . .581 ए/16-ब dated 14.12.2022 (with computer code 202212141752590507 on www.maharashtra.gov.in) to Scheduled Tribe category employees & retirees in BSNL Maharashtra Telecom Circle.
38) Please provide information on implementation (implemented or not implemented) of Maharashtra State Government GR No. बीसीसी 2019/ . .581 ए/16-ब dated 14.12.2022 (with computer code 202212141752590507 on www.maharashtra.gov.in) to Scheduled Tribe category employees & retirees in BSNL Maharashtra Telecom Circle.
39) Please provide information on compliance (complied or not complied) of Maharashtra State Government GR No. बीसीसी 2019/ . .581 ए/16-ब dated 14.12.2022 (with computer code 202212141752590507 on www.maharashtra.gov.in) to Scheduled Tribe category employees & retirees. in BSNL Maharashtra Telecom Circle.
RTI Act, 2005 Rule 6 states that, CIC/BSNLD/A/2024/657041 Page 5 of 9 (3) Where an application is made to a public authority requesting for an information, -
(i) which is held by another public authority; or
(ii) the subject matter of which is more closely connected with the functions of another public authority, the public authority, to which such application is made, shall transfer the application or such part of it as may be appropriate to that other public authority and inform the applicant immediately about such transfer:
Provided that the transfer of an application pursuant to this sub-section shall be made as soon as practicable but in no case later than five days from the date of receipt of the application.
In case BSNL Maharashtra Circle office is not in possession of the above information then as per RTI Act, 2005 Rule 6(3)(i) & (ii) RTI Request has to be forwarded/transferred to the concerned Public authority(say BSNL CO,CCA or any other department) possessing the information for providing the information to the applicant within time limit as mentioned above. Encl: BSNL CO letter No. BSNLCO-A/11(13)/2/2022-ESTAB Dated 12-09-2022 addressed to Ms. Vanaja N Sarna, Hon'ble Information Commissioner, CIC Bhawan, Munirka, New Delhi-110067 regarding, "Submissions with regard to hearing for 2nd Appeal under provisions of the RTI Act, 2005 case of Shri RT Diwate."
2. The CPIO furnished a reply to the Appellant on 03.09.2024 stating as under:
"The RTI application request information on 39 points. These queries itself runs into 4 pages. Finding requested information to this voluminous RTI request will disproportionately divert the resources of this office. Hence, supply of information is denied vide RTI Act 2005, Rule 7 (9)."
3. Being dissatisfied, the Appellant filed a First Appeal dated 09.09.2024. The FAA vide its order dated 05.10.2024, held as under.
"Your appeal cited above has been examined with reference to your RTI application dated 02/08/2024 and reply given by CPIO vide letter of even No. 04 dated 03/09/2024. You had asked information regarding non-payment of retirement benefit on account delay in verification of caste certificate etc. You are aggrieved with the information supplied on point of your RTI application.CIC/BSNLD/A/2024/657041 Page 6 of 9
You have now come under appeal and you are asking same information. The required information provided by CPIO against the RTI, the said reply holds good for reply against appeal."
4. Feeling aggrieved and dissatisfied, Appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through VC.
Respondent: Shri Pradeepan A., CPIO-cum-DGM, attended the hearing through VC.
5. The Appellant stated that the Respondent has not provided the relevant information as sought in the instant RTI Application. While explaining his grievance, the Appellant stated that the Respondent Public Authority has not given him his complete retirement benefits.
6. The Respondent submitted that a suitable reply in terms of the provisions of the RTI Act has been given to the Appellant vide letter dated 03.09.2024. Upon receipt of the hearting notice form the Commission, an elaborate and revised reply has been given vide letter dated 23.02.2026.
7. A written submission has been received from Shri Pradeepan A., CPIO-
cum-DGM, vide letter dated 23.02.2026, stating as under:
"Shri Rajkumar Barapatre made RTI application dated 02.08.2024 has asked information regarding about 39 points etc. In response to the RTI application, the information was supplied by CPIO, Mumbai- Copy of Reply given by CPIO Mumbai is enclosed as Annexure-A and in response to the First appeal, the available information has been supplied by the First Appellate Authority. Copy of reply given by FAA is enclosed as Annexure-B. In response to the second appeal, it is to intimate that the information sought by the RTI applicant Shri Rajkumar barapatre is furnished below: -
S.N. of the requested Reply to requested information information 1 and 3 1097 and 188 respectively CIC/BSNLD/A/2024/657041 Page 7 of 9 2 and 4 Requested information has already been provided in the chargesheet.
5 to 8, 16 to 21 and 24 to Requested information does not fall within the 39 ambit of sub-section 2 (F) of RTI Act, 2005 as there is no scope for questions, comments, compilation of information, clarifications in the RTI Act, 2005. (22 of 2005) 9 to 15 No such information is available.
22 to 23 Requested information is available in public domain Further it is submitted that Shri Barapatre is retired BSNL employee against whom departmental disciplinary proceedings is in process for false/fake caste issue. Similar RTI was received for the same points from the several such employee against whom disciplinary proceeding is in progress.
While this office endeavour to provide available information, the diversion of significant manpower to process over several such cases is no longer sustainable. It is therefore requested that the honourable Commissioner instruct these officials to raise their queries during the formal inquiry proceedings rather than through the RTI mechanism.
It may be noted that such requests have previously been denied under Section 7(9) of the RTI Act. 2005, as they disproportionately divert the resources of the Public Authority.
In view of the above, it is requested that the Hon'ble CIC may kindly dispose of the said second appeal."
Decision:
8. At the very outset, the Commission observes that the Appellant has sought information on 39 points in the instant RTI Application and the same is extremely cumbersome and does not even conform to the word limit of 500 as prescribed in Rule 3 of RTI Rules, 2012 and it would be unjust for the public authorities to provide information of such magnitude. Accordingly, a suitable reply has been given by the CPIO vide letter dated 03.09.2024.
9. Upon receipt of the hearing notice from the Commission, a point-wise reply has been furnished by the Respondent vide letter dated 23.02.2026 which is more elaborate and is treated as updated and the Commission CIC/BSNLD/A/2024/657041 Page 8 of 9 upholds the same. However, a copy of the same has not been sent to the Appellant. Accordingly, the Respondent is directed to send a copy of the same along with relevant annexures, if any, to the Appellant within one week of receipt of this order.
10. Grievance of the Appellant about the payment of his retirement benefits cannot be addressed under the scope and ambit of the RTI Act and the Appellant is advised to seek appropriate remedy from the competent authority in this regard. No further action is required in the instant matter.
The appeal is disposed of accordingly.
Jaya Varma Sinha (जया वमा िस ा) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) (Ashutosh Vasishta) Dy. Registrar 011- 26107042 CIC/BSNLD/A/2024/657041 Page 9 of 9 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)