Central Information Commission
Kailash Chandra Panda vs Bharat Sanchar Nigam Limited on 26 May, 2020
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
Decision no.: CIC/BSNLD/A/2019/162379/03525
File no.: CIC/BSNLD/A/2019/162379
In the matter of:
Kailash Chandra Panda
... Appellant
VS
CPIO/DGM(CFA)
Bharat Sanchar Nigam Ltd.,
O/o GM Telecom District,
Door Sanchar Bhawan,
Koraput, Odisha - 764020
...Respondent
RTI application filed on : 18/10/2019 CPIO replied on : 04/11/2019 First appeal filed on : 08/11/2019
First Appellate Authority order : 05/12/2019 Second Appeal dated : 14/12/2019 Date of Hearing : 20/05/2020 Date of Decision : 20/05/2020 The following were present: Appellant: Heard over phone Respondent: Shri S K Mohapatra, DGM(CFA), heard over phone.
Information Sought:
The appellant has sought the information regarding the absentee statement of S.D.E. (N/W-Operation), Gunupur for the month of May, June and July 2019, duly countersigned by the CPIO.
Grounds for Second Appeal The CPIO has not provided the information claiming exemption u/s 8(1)(j) of the RTI Act.1
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that the desired information is not covered u/s 8(1)(j) of the RTI Act while relying on an order passed by the same bench in File No. CIC/BSNLD/A/2018/161237 dated 16.10.2019.
The CPIO reiterated the contents of his reply dated 04.11.2019.
Observations:
Having heard the submissions of both the parties, it is noted that the appellant is contesting the reply of the CPIO while relying on an order passed by the same bench on 16.10.2019 in File No. CIC/BSNLD/A/2018/161237 wherein a direction was given to the CPIO to provide the absentee statement received in the month of June 2018 in respect of the employees working in Berhampur District. He prayed that similar direction may be given in this case also. The Commission agrees with the submissions of the appellant. The CPIO is, therefore, directed to provide the details regarding the absentee statement of S.D.E. (N/W-Operation), Gunupur for the month of May, June and July 2019. However, while providing this information, the CPIO should severe any personal information of any third party which may include the reasons for being absent, remarks given by the higher authority, if any etc. The statement should only contain the number of times the SDE was absent in the month of May, June and July along with the dates. Any other information should be severed while following the procedure mentioned under Sec 10 of the RTI Act.
Decision:
In view of the above, the CPIO is directed to provide a revised reply to the appellant as discussed in the preceding para. This direction is to be complied with within a period of 15 days from the date of receipt of this order under intimation to the Commission.
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