Central Information Commission
Shri M.R.Shankarrao vs Bsnl, Osmanabad on 15 October, 2009
Central Information Commission
CIC/AD/A/2009/001156
Dated October 15, 2009
Name of the Applicant : Shri M.R.Shankarrao
Name of the Public Authority : BSNL, Osmanabad
Background
1. The Applicant filed an RTI application dt.18.11.08 with the CPIO, BSNL, Osmanabad requesting for details of security personnel appointed by the BSNL including their names, age, addresses and status of fitness besides copies of relevant pages of duty register for 3 buildings of BSNL for the period 10.6.08 to 31.12.08, copy of the order received from the Labour Court in respect of the employees appointed and the undertaking provided by BSNL for the safety of the labourers and finally certificate of payment to labourers for the period 1.1.08 to 31.12.08. The CPIO replied on 26.12.08 denying the information u/s 8(1)(d), 8(1)(e) and 8(1)(j) of the RTI Act. Not satisfied with the reply, the Applicant filed an appeal dt.22.1.09 with the Appellate Authority reiterating his request for the information. The Appellate Authority replied on 26.2.09 upholding the decision of the CPIO. Aggrieved with the reply, the Applicant filed a second appeal dt.4.8.09 before CIC reiterating his request for the information.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for October 15, 2009.
3. Shri Sonawane Shivratan Sadhu, APIO and Shri Sheikh Mebub Babula represented the Public Authority.
4. The Applicant was present during the hearing Decision
5. After listening to the arguments on both sides, the Commission directs the CPIO to provide the following information by 15.11.2009:
i) Copies of forms received from the labourers at the time of appointment showing their name, address, age and status of fitness.
ii) Order from the Labour Court received by the BSNL.
iii) Certificates of payments for the period 1.1.08 to 31.12.08 in respect of 4 employees viz. Mr.Laxman, Mr.Sanjay, Mr.Unde nd Mr.Chandane
iv) With regard to duty register, the CPIO is directed to allow the Appellant to inspect the duty register of 3 buildings in Osmanabad and to provide certified copies of relevant pages in respect of attendance of the Appellant and of 4 others mentioned at (iii) above for the period 10.6.08 to 31.12.08.
6. The CPIO is also directed to show cause why penalty should not be imposed on him for denying information on frivolous grounds while invoking Sections 8(1)(d), 8(1)(e), 8(1)(j) of the RTI Act. The response to reach the Commission by 15.11.09.
7. The appeal is accordingly disposed of.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Asst. Registrar Cc:
1. Shri Malkunje Revansiddh Shankarrao Shivaji Nagar, Limboni Bag Tambri Vibhag Osmanabad 413 501
2. The CPIO Bharat Sanchar Nigam Limited O/o General Manager Telecom New Admn. Bldg. Sanja Road Osmanabad 413 501
3. The Appellate Authority Bharat Sanchar Nigam Limited O/o General Manager Telecom New Admn. Bldg. Sanja Road Osmanabad 413 501
4. Officer incharge, NIC
5. Press E Group, CIC