Central Information Commission
Dilip Kumar Parwani vs Department Of Telecommunications on 27 December, 2022
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सुचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मुिनरका, नई द ली - 110067
Munirka, New Delhi-110067
File no.: - CIC/DOTEL/A/2022/600152
In the matter of
Dilip Kumar Parwani
... Appellant
VS
Central Public Information Officer
O/o the Controller of Communication Accounts (CCA)
UP East, CCA Building, TE Campus,
Vikas Khand -I, Gomti Nagar, Lucknow - 226 010
...Respondent
RTI application filed on : 02/10/2021 CPIO replied on : 26/10/2021 First appeal filed on : 05/11/2021
First Appellate Authority order : 25/11/2021 Second Appeal dated : 02/01/2022 Date of Hearing : 27/12/2022 Date of Decision : 27/12/2022
Note: Appellant in his submissions dated 15.12.2022 has stated that due to other pre- occupations he will not be able to attend the hearing in person.
The following were present:
Appellant: Not present as informed Respondent: Deepali Gupta , Jt CCA & CPIO - present over VC Information Sought:
The appellant has sought the following information:
1. Whether there is any ruling/ notification/ order that restricts issue of Identity Card to retired pensioners of BSNL by CCA, whose pension is being disbursed by CCA?
2. If answer to the above question is yes, then provide a copy thereof.
3. Provide the number of identity cards issued to retired pensioners of BSNL by different CCAs in the past.1
Grounds for filing Second Appeal:
The CPIO did not provide the desired information. Submissions made by Appellant and Respondent during Hearing:
The appellant in his second appeal has stated that both the CPIO & the FAA have supplied incorrect, incomplete and misleading information to him. He wants penal action to be taken against the CPIO and action under the CCS Conduct Rules, 1964.
The CPIO stated that there is not authority to issue ID cards from their side as far as BSNL retired employees are concerned. This rule was prevalent at the time of application of the RTI Act. Now, they have been permitted to issue the ID cards to BSNL pensioners as per the amended rules, and they are in the process of doing so for all those who have so applied. Observations:
From a perusal of the record, it is noted that the CPIO and FAA had provided a point wise reply on points no 1 & 2, but none had provided a reply on point no. 3 except to state that no such information is available in their office. As evidence for point no. 3, the appellant has enclosed a photocopy of a former CAO's ID card, issued from the Lucknow office vide his written submissions dated 15.12.2022, which accordingly to him says it all. The CPIO was therefore asked as to who is the custodian of this information, to which she stated that as per the amended rules, they are permitted to issue ID cards to retired BSNL employees now and if the appellant has applied now he will receive the same after processing.
Decision:
In view of the above, no further action is required. The reply given at the relevant time was correct, but now that the rule is amended, the appellant can obtain the same by applying to the respondent authority.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सूचना आयु ) 2 Authenticated true copy (अिभ मा णत स या पत ित) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 3