Central Information Commission
Shri Rajendra Prasad vs Bsnl, New Delhi on 28 October, 2009
Central Information Commission
CIC/AD/A/2009/001288
Dated October 28, 2009
Name of the Appellant : Shri Rajendra Prasad
Name of the Public Authority : BSNL, New Delhi
Background
1. The Appellant filed his RTI application dt.19.5.09 with the CPIO, BSNL, New Delhi requesting for information against 7 points related to the post of SDE(TF) including information about when the last DPC was conducted, on which RR DPC was conducted, no. of vacancies, procedure for filling 33% quota etc. The CPIO replied on 18.6.09 providing information against pts. (a ) to ©. Not satisfied with the reply, the Applicant filed an appeal dt.4.7.09 with the Appellate Authority stating that list of officers has not been supplied against pt.(c) while no information has been supplied against pts. (d) to (g). The CPIO replied on 15.7.09 providing information on pt. (e) and (g) and stating that information sought against the pts. D and f is interrogatory in nature and does not come under the definition of information as per Section 2(f) of the RTI Act. The Appellate Authority also replied on 4.8.09 enclosing the list of officers sought by the Applicant. Being aggrieved with the reply, the Applicant filed a second appeal dt.2.9.09 before CIC stating that some of the information is misleading and that no information has been provided against pt. g, while simply stating that it is not available.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for October 28, 2009.
3. Shri Joginder Singh, AGM(RTI) and Shri K.Rambabu, AM(DPC) represented the Public Authority.
4. The Appellant was not present during the hearing.
Decision
5. The Respondent submitted that during the period when reply was provided against pt. (g), the information was not available since they were only working out the quota wise vacancies. However, now that the process has been completed information can be provided. He added that information against pt. e was sent a second time on 23.10.09.
6. The Commission after careful consideration of the submissions on record and after hearing the Respondent directs the CPIO to provide information against pt.
(d) and (f), in the form of any circular, file notings, communications etc. If not, applicant to be informed that that information is not available giving reasons for its non-availability. All information to be provided by 25.11.09.
7. The Appellant is also directed to submit a compliance report of the decision to the Commission by 30.11.09.
8. The appeal is accordingly disposed of.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Asst. Registrar Cc:
1. Shri Rajendra Prasad Junior Telecom Officer Bharat Sanchar Nigam Limited Telecom Factory Deonar Mumbai 400 088
2. The CPIO Bharat Sanchar Nigam Limited A-703 Statesman House B-148, Barakhamba Road New Delhi
3. The Appellate Authority Bharat Sanchar Nigam Limited A-703 Statesman House B-148, Barakhamba Road New Delhi
4. Officer in charge, NIC
5. Press E Group, CIC