Central Information Commission
Ishrat Ullah, Rohtash vs Bsnl Rohtash on 15 June, 2010
1
CENTRAL INFORMATION COMMISSION
Room No.296, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
Telefax:011-26180532 & 011-26107254 website: cic.gov.in
Appeal No. CIC/AD/C/2009/000839-DS
Appellant : Shri Ishrat Ulla, Rohtash
Public Authority : BSNL, Rohtash
(through Shri Lal Bihari Sahu, Sub Divisional Engineer(Admn.)
Date of Hearing : 15/06/2010
Date of Decision : 15/06/2010
Facts:-
The appellant Shri Isharat Ullah vide his RTI application dated 24/03/2009 sought information regarding mobile No.9431436947 including name of present owner of the number and list of outgoing calls along with print out of conversation on the evening of 07/02/2004 to 23/04/2008 from BSNL, Sasaram.
2. Failing to receive a response from the CPIO, the appellant has preferred second appeal dated 18/05/2009 to the Bihar State Information Commission who have forwarded the same to the Central Information Commission (Manager, BSNL, Sasaram) along with a copy of the RTI application and a photocopy of the IPO submitted with the RTI application.
3. Accordingly, the Commission, treating this petition as a complaint u/s 18 of the RTI Act, 2005 issued show cause notice to the CPIO as to why penalty should not be imposed on him for failing to reply to the RTI application within the time frame mandated under the Act.
4. The CPIO was also provided opportunity to be heard in person before imposition of penalty on 15/06/2010.
5. Accordingly, the matter was heard today. Appellant was not present. Respondent was present as above. In his written submission dated 10/06/2010, the respondent has informed the Commission that detailed report could not be obtained in time due to failure in the system and now that the system has been rectified, call detail report has been obtained and provided to Shri Mohammad Isharat Ullah appellant vide their office letter No. RTI 217/SSR/11 dated 09/06/2010 a copy of which has also been submitted before the Commission.
DECISION 2
6. The respondent could not provide any credible reasons as to why information sought on 24/03/2009 was being provided on 09/06/2010, i.e., after delay of over one year and two months.
7. The Commission provided an opportunity for the Divisional Engineer(P&A) who had signed this letter (name not available) office of the TDM, Sasaram to explain the delay personally to the Commission on telephone today since his representative could not provide any information.
8. However, the Commission was informed that the Divisional Engineer has proceeded on leave and could not be contacted.
9. As per the provisions of Section 20(1), the Commission finds this a fit case for levying penalty on the Divisional Engineer. Since the delay in providing the information has been over 100 days, the Commission is passing an order penalizing the Divisional Engineer(P&A) O/o the TDM, Sasaram, for Rs.25,000/- which is the maximum penalty under the Act.
10. The O/o the TDM, Sasaram is directed to recover the amount of Rs. 25,000/- from the salary of the Divisional Engineer(P&A) O/o the TDM, Sasaram, and remit the same by a demand draft or a Banker's Cheque in the name of the Pay & Accounts Officer, CAT, payable at New Delhi and send the same to Shri Pankaj K.P. Shreyaskar, Joint Registrar and Deputy Secretary of the Central Information Commission, 2nd Floor, August Kranti Bhawan, New Delhi-110066.
11. The amount may be deducted at the rate of Rs.5000/- per month every month from the salary of the Divisional Engineer(P&A) O/o the TDM, Sasaram, and remitted by the 10th of every month starting from August, 2010. The total amount of Rs.25,000/- will be remitted by 10th of December, 2010.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(Tarun Kumar) 3 Joint Secretary & Addl. Registrar Copy to:-
1. Shri Ishrat Ulla, Sasaram, Rohtash.
2. The PIO, BSNL, Sasaram, Rohtash.
3. Shri Pankaj K.P. Sreyaskar Joint Registrar and Deputy Secretary Central Information Commission, 2nd Floor, August Kranti Bhawan, New Delhi-110066.