Central Information Commission
Ujjwal S Tiga vs Bharat Sanchar Nigam Limited on 20 June, 2025
Author: Heeralal Samariya
Bench: Heeralal Samariya
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/BSNLD/A/2024/112816
Shri Ujjwal S Tiga ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, Bharat Sanchar Nigam Limited ...प्रनतवािीगण /Respondent
Date of Hearing : 18.06.2025
Date of Decision : 18.06.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 23.11.2023
PIO replied on : 30.01.2024
First Appeal filed on : 20.02.2024
First Appellate Order on : NA
2ndAppeal/complaint received on : 29.04.2024
Information soughtand background of the case:
The Appellant filed an RTI application dated 23.11.2023 seeking information on the following points:-
"1. Present status & action taken towards representation (Ref. No. AIVTEA/2023 - CS Pension dated 06.09.2023 which is addressed to Secretary DoT) of the All India VSNL/TCL Emp. Association regarding Combined Service Pension (service rendered in Central Govt.+ PSU) to OCS/VSNL's Employees.
2. Please Supply the complete noting part during the process in this regard as mentioned above in the point no. 1.
3. Please Supply the copy of the letters/correspondences /communications in- between DOT, Ministry of communications and DOPPW, Government of India or any other agency/ministry i.r.o. representation (Ref. No. AIVTEA/2023 - CS Pension dated 06.09.2023) by the All India VSNL/TCL Emp. Association.
4. On which year MTNL, VSNL & AAI (CAD) converted PSU from Govt. Department.
5. Whether separate Presidential order issued to each organisation as mentioned above in the point no. 4.
6. Please Supply certified copy of the Presidential orders in this regards as mentioned above in the point no. 5.
7. The number of the beneficiary or availed the Combined Service Pension (service rendered in Central Govt.+PSU) in MTNL, BSNL, VSNL & AAI (CAD) Page 1 of 3
8. The number of the employees who were denied for Combined Service Pension (service rendered in Central Govt.+PSU) in MTNL, BSNL, VSNL & AAI (CAD) Etc."
The CPIO, AGM (Estt.) vide letter dated 30.01.2024 replied as under:-
"With reference to the information sought by you vide RTI Registration no. BSNLD/R/P/23/00310 dated 27.12.2023, which has been transferred to BSNL for furnishing reply on point Nos. 4,6,7 & 8 and the said point-wise reply is furnished as under:-
Point No. 4 & 6: The information sought does not relate to BSNL. Point No. 7 & 8: The payment of pension in respect of erstwhile DoT employees absorbed in BSNL does not fall in domain of BSNL. Therefore the information sought is not available in BSNL."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 20.02.2024, specifically with respect to queries number 7 and 8 which was not adjudicated by the FAA.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
A written submission dated 09.06.2025 has been received from the CPIO, BSNL, Pension Section, reiterating the response sent by the CPIO and adding as under:
"Appellant had filed the 1st appeal on 30.05.2024 without any ground/submission and simply attached the documents, where his RTI Application was transferred by DoT to other public authority including BSNL. First Appellate Authority vide Order No. BSNLCO-A/12(18y1/2024 ESTAB dated 25.07.2024 provided the above-mentioned factual position to the applicant. It is also submitted that under the provisions of the RTI Act, 2005, the CPIO is under obligation to provide only such information as is available with him, and accordingly the factual position regard to the information sought vide Point No.4 and 6 to 8 was intimated to the appellant."
Written submission dated 06.06.2025 has been received from the Appellant alleging that correct and complete information has not been provided by the Respondent stating that: "the matter relates to Combined Service Pension (Govt.+PSU jointly) to be paid by Tata Communication Ltd.(earlier central PSU VSNL) to the erstwhile employees of OCS/VSNL (now Tata Communication Ltd. -TCL) but CPIO of DoT & BSNL are purposely not provided the complete & correct information of our RTI application under the pressure of management of Tata Communication.."
Hearing was scheduled after giving prior notice to both the parties. Appellant: Not present Respondent: Shri Sanjeev Kumar - AGM (Estt. - I) was present during hearing. The Appellant declined to join even audio conference. The Respondent reiterated contents from the PIO's reply stating that information available on record had been duly furnished to the Appellant and orally contended that the Appellant has been Page 2 of 3 contesting the same subject matter about Combined Service Pension repeatedly despite the judgement on this issue by the Apex Court.
Decision:
Perusal of records of the case reveals that the information available on record with the public authority and defined as information under Section 2(f) of the RTI Act, has been duly provided to the Appellant. Since the response of the PIO is found legally appropriate and the Appellant has chosen not to contest the case, no further intervention is deemed necessary in this case, under the RTI Act.
The appeal is disposed off accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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