Central Information Commission
Mr.Surinder Singh Sufi vs Bsnl, Jammu on 30 March, 2009
Central Information Commission
CIC/AD/C/08/00185
Dated March 30, 2009
Name of the Applicant : Mr.Surinder Singh Sufi
Name of the Public Authority : BSNL, Jammu
Background
1. The Applicant filed an RTI request dt.11.8.08 with the CPIO, BSNL, Jammu.
He wanted information against 8 points with regard to any chargesheet/challan filed against him in any court of law in India. The APIO replied on 12.9.08 stating that as per Clause (e) of Section 6 of the J&K RTI, information cannot be provided at this stage. The applicant filed a complaint dt.10.10.08 before the CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for March 30, 2009.
3. Mr. N.D. Joshi, AGM (R) & CPIO represented the Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. The Respondent submitted that the Complainant came to Jammu after being transferred from Punjab in August, 2008. On receiving the RTI request, the PIO requested for information on the case from the office of the Vigilance Officer, BSNL, J&K Circle. The Vigilance Officer replied on 22.8.08 stating that the case against the Complainant is a vigilance trap case of Punjab and that no details of the case are available with his office. However, he enclosed copies of letters (i) dated 24.2.05 from AGM(Vigilance) BSNL, Chandigarh which stated that the case against the Complainant is still pending investigation as on date (ii) letters from the Supdt. of Police, Chandigarh dated 17.5.05 and 28.5.07 informing the Vigilance Officer BSNL, J&K Circle that the case was reinvestigated by the CBI, ACB, Chandigarh in compliance with the order passed by the Special Judge, Punjab, Patiala. Thereafter, the closure report was again filed with the court of the Special Judge, Patiala on 21.4.05 and vide order dt. 28.4.07 the Court has declined the closure report. The matter is pending further investigation. The Respondent also stated that hedoes not have any upto - date information on the case. After considering the peculiar situation of the case, and since the case refers to the period when the Appellant was posted in Punjab and also since the Appellant has requested for information under the RTI Act, 2005, the Commission directs the PIO to forward the application within 5 days of receipt of this Order to the CPIO, CBI, Chandigarh with a request to furnish the reply directly to the Appellant within 15 days of receipt of his letter under intimation to the him (the PIO, Jammu) and to the Commission.
6. The appeal is disposed off.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(K.G.Nair) Designated Officer Cc:
1. Mr.Surinder Singh Sufi Accounts Officer Bharat Sanchar Nigam Limited O/o Chief General Manager Telecom J & K Circle, T.R. Branch Room No.308, 3rd Floor, North Block Bahu Plaza Jammu 180 012
2. The APIO & Asst. General Manager (Estt.) Bharat Sanchar Nigam Limited O/o Chief General Manager Telecom J & K Circle, T.R. Branch 4th Floor, North Block Bahu Plaza Jammu 180 012
3. Officer in charge, NIC
4. Press E Group, CIC