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Central Information Commission

Mrsubhash Chandra Agrawal vs Telecom Disputes Settlement & ... on 9 February, 2015

                       CENTRAL INFORMATION COMMISSION
                          Club Building (Near Post Office)
                        Old JNU Campus, New Delhi - 110067
                               Tel: +91-11-26101592

                                                           File No. CIC/BS/A/2014/000500/6952
                                                                             09 February 2015
Relevant Facts emerging from the Appeal:

Appellant                              :      Mr. Subhash Chandra Agrawal
                                              1775, Kucha Lattushah,
                                              Dariba, Chandni Chowk,
                                              Delhi - 110006

Respondent                             :      CPIO
                                              Telecom Disputes Settlement & Appellate
                                              Tribunal (Govt. of India)
                                              R. No. 370, 3rd Floor,
                                              Hotel Samrat, Kautilya Marg,
                                              Chanakya Puri, New Delhi - 110021

RTI application filed on               :      16/09/2013
PIO replied on                         :      23/10/2013
First appeal filed on                  :      28/10/2013
First Appellate Authority order        :      No Order
Second Appeal dated                    :      03/02/2014

Information sought

:-

The applicant has sought the following information:-
1. Provide information on rules for making appointments as TDSAT.
2. Provide information on staff provided to TDSAT Chairperson at his residence mentioning also employees made available in different grades and designations.
3. Provide information on personal - staff provided to TDSAT Chairperson at his office mentioning also employees as personal staff made available in different grades and designations.
4. Provide information on staff provided to TDSAT member at his residence mentioning also employees made available in different grades and designations.
5. Provide information on personal-staff provided to TDSAT member at his office mentioning also employees as personal staff made available in different grades and designations.
6. Is it true that TDSAT Chairperson has some discretionary power for making appointments at TDSAT?
7. Provide information on discretionary powers of TDSAT Chairperson for making appointments at TDSAT.
8. Complete information on appointments made under discretionary powers by (a) Mr. Justice Arun Kumar (b) Mr. Justice SB Sinha (c) Mr. Justice Aftab Alam mentioning names and designations of persons employed under such discretionary powers.
9. Provide information together with all related documents/file-notings/correspondence etc on appointments of (a) Sh. DP Chamoli (b) Sh. AS Bajpayee and (c) Smt. Sushma at TDSAT.
10. Any other related information.
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11. File notings on movement of this RTI Petition.

Grounds for the Second Appeal:

The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Subhash Chandra Agrawal Respondent: Mr. Sanjeev Pandey CPIO The CPIO informed that the appellant's 1st appeal could not be decided as the then FAA did not hand over charge to his successor before leaving. He further stated that the information as available on record will be supplied. The appellant pointed out that as per DoPT circular no. 1/6/2011-IR, dated 15/04/2013 the respondents are required to display most of the information sought by him on their website. The CPIO stated that he has taken a note and will do the needful for future.
Decision notice:
As stated by the CPIO he should provide point-wise information (separately on each point) as sought by the appellant in his RTI application dated 16/09/2013, free of cost, within 30 days from the date of receipt of this order. In case some information is not available, the same should be clearly informed to the appellant. Further, the CPIO should display the particulars (as directed by DoPT in their circular no.1/6/2011-IR, dated 15/04/2013) on their website at the earliest and in any case within 90 days from the date of receipt of this order.
The appeal is disposed of accordingly.
BASANT SETH Information Commissioner Authenticated true copy:
(R. L. Gupta) Dy. Registrar/Designated Officer Page 2 of 2