CIC: BSNL should give information regarding incoming and outgoing calls of his telephone number to the RTI applicant; BSNL to conduct an enquiry regarding tampering with the RTI application in consultation with the appellant and give a report to the CIC
1. The appellant filed RTI application dated 14.12.2016 seeking information regarding: incoming call details of his number 9414195501 for the period August, 2016 to November, 2016, etc.
2. The appellant filed second appeal on 18.03.2017 with the Commission on the ground that information has not been provided to him.
3. The appellant participated in the hearing through VC. The respondent, Sh. Rawat, DGM participated in the hearing through VC.
4. The appellant had sent his written submission dated 21.04.2018, which is taken on record. 2
5. The appellant referred to his RTI application dated 14.12.2016 and stated that information on point no. 2 (regarding incoming and outgoing calls of his telephone number) has not been provided to him by the respondent.
6. The appellant stated that the respondent has asked his identity proof by stating that, ‘information can only be given if the appellant will submit his identity proof’. The appellant stated that there is no provision under the RTI Act to ask for the appellant’s identity proof to give information.
7. The appellant stated that complete information should be provided to him.
8. The respondent stated that on 02.01.2017, information on point no.1 has already been furnished to the appellant.
9. The respondent stated that there is a cutting on point no. 2 of the RTI application of the appellant and it was presumed that the appellant does not want information on point no. 2.
10. The appellant stated that he has not made any cutting on his RTI application. He alleged that one Sh. Sunil Chowdhary, Clerk in BSNL had made overwritings/cuttings on his RTI application. He stated that he has given his RTI application on 29.12.2016 but the date was written by said Sh. Sunil Chowdhary as 28.12.2016.
11. The appellant stated that the FAA had disposed his first appeal wrongly and without applying his mind.
12. The Commission is of the view that the respondent should give information to the appellant on point no. 2 (regarding incoming and outgoing calls of his telephone number) of his RTI application.
13. The respondent is further directed to conduct an enquiry in the matter (regarding tampering with the RTI application), in consultation with the appellant and give report to the Commission.
14. The respondent is directed to comply with para no. 12 above, within 7 days from the date of receipt of this order. 3
15. The respondent is further directed to comply with para no. 13 above, within 15 days from the date of receipt of this order.
16. The Deputy Registrar is directed to fix hearing in the matter after 15 days, when the respondent should be present personally in CIC Delhi, along with all papers. Copy of the decision be given free of cost to the parties.
(Radha Krishna Mathur)
Chief Information Commissioner
Citation: Sh. Narendra Bhansali v. Bharat Sanchar Nigam Ltd. in Appeal No. CIC/BSNLD/A/2017/118096, Dated of Decision: 01.05.2018