Central Information Commission
Mrravi Kant Upadhyay vs Department Of Telecommunications on 9 April, 2014
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/BS/A/2013/000619/4893
09 April 2014
Relevant Facts emerging from the Appeal:
Appellant : Mr. Ravi Kant Updhayay
C/o Smt. Arati Pandey
(Sr. TOA) F/C Section IV Floor,
Sanchar Sadan,
Patna - 800001
Respondent : CPIO & General Manager (Admin)
BSNL
O/o the Chief General Manager Telecom
Bihar Circle,
Patna - 800001
RTI application filed on : 15/04/2011
PIO replied on : 17/02/2014
First appeal filed on : 20/05/2011
First Appellate Authority order : No Order
Second Appeal dated : 18/02/2013
Information sought:
The applicant has sought the following information regarding the case of Smt Arati Pandey for which the enquiry was held on 17th & 19th Feb 2011 before the Addl. G.M. (Admn.) Cum Chairman Sexual harassment Committee:-
1. A Copy of final report submitted by the Addl. G.M. (Admn.) cum chairman Sexual harassment committee.
2. A copy of each witness given by Mr. R.D. Solomon and Smt. Rita Devi.
3. Final result / decision of the case. If decision is pending then approx time limits to finalize the case.
Grounds for the Second Appeal:
The CPIO has not provided the information.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Ravi Kant Updhayay through VC Respondent: Mr. Mehtab Alam CPIO's representative through VC The CPIO's representative stated that the information requested by the appellant in his RTI application dated 15/04/2011 is readily available and provided a copy to the appellant. The appellant after scrutiny of the documents stated that his wife had informed him that statements were recorded by Mr. R.D. Solomon and Smt. Rita Devi before the Chairman of the committee on 19/02/2011 and he wants copy of the said statements. The CPIO's representative stated that he Page 1 of 2 has brought the entire file and the appellant is free to go through the records and take whatever information/documents he needs. The appellant contended that the respondents are hiding the information and if no such statements have been recorded on 19/02/2011 they should be directed to file an appropriate affidavit before the Commission.
Decision notice:
The Commission directs the CPIO to go through the records carefully and provide copy of the statements recorded by Mr. R.D. Solomon and Smt. Rita Devi on 19/02/2011 to the appellant within 7 days from the date of receipt of this order. If, however, no such statement are available on record an appropriate affidavit should filed before the Commission and a copy of the same should be provided to the appellant.
The appeal is disposed of accordingly.
BASANT SETH Information Commissioner Authenticated true copy:
(R. L. Gupta) Dy. Registrar/Designated Officer Page 2 of 2