CIC: CMD, BSNL to direct his officers to locate the record & provide to the appellant; If the records are not located, then responsibility should be fixed; Responsibility should be fixed for delays caused by passing the RTI request from one PIO to another
1. The appellant filed RTI application dated 11.4.2015 seeking information related to:
(i) according to DoT letter dated. 1.6.1982, the total number of vacancies of JTO 15% quota from 1991 to 2002 which were used in 35% recruitment quota;
(ii) from 1991 to 2002 total number of vacancies which remained unfilled for graduate engineer, JTO; and
(iii) intimate that up to the year 2004, number of vacancies of graduate engineer JTO outsider quota which remained unfilled but were used in JTO 15% quota.
2. The CPIO responded on 7.5.2015 and 5.6.2015. The appellant filed first appeal dated 22.7.2015 with First Appellate Authority (FAA). The FAA responded on 5.8.2015. The appellant filed second appeal on 27.11.2015 before the Commission on the ground that information should be provided to her.
3. Appellant’s representative participated in the hearing through video conferencing. Respondent participated in the hearing personally.
4. Appellant stated that no information has been provided by the PIO, Meerut.
5. During the course of the hearing, the appellant stated that when he approaches PIO Meerut for response to his RTI application, the PIO Merrut says that the information will be provided by the PIO Dehradun. The PIO Dehradun says that the information will be provided by the PIO, Meerut.
6. The PIO, Meerut stated that their office has been shifted 3 times from Dehradun and record is not available with them. Discussion/ observation:
7. Shifting of records cannot result in loss of records. If records are lost, responsibility must be fixed.
8. CMD, BSNL is advised to direct his nodal officers at Meerut and Dehradun to locate their record and provide information to the appellant in the context of the RTI application. If the records are not located, then responsibility should be fixed on defaulting officer. Further, responsibility should be fixed for delays caused by passing this RTI request from one CPIO to another, with the result that even today no information could be given. The only information given is that the files are missing.
9. CMD, BSNL is directed to take action as per para 8 above and send a compliance report to the Commission within 30 days of this order.
10. Deputy Registrar is directed to fix a hearing in the matter after 30 days.
Copy of the order be given to the parties free of cost.
(Radha Krishna Mathur)
Chief Information Commissioner
Citation: Ms. Shail Gupta v. Senior GM(HR/Admn), BSNL in Appeal No. CIC/BS/A/2015/002093 Dated of Decision: 2.3.2017