Information regarding details of contractors engaged in the Telecom Department in Uttar Pradesh - RTI application repeatedly transferred between public authorities - CIC: transfer the RTI application u/s 6(3) to the respective circles office of BSNL
Shri Ajay Kumar Shukla hereinafter called the Appellant has filed the present appeal before the Commission dated 3.7.2012 against the Respondent namely Ministry of Home Affairs The Appellant was not present in the hearing and the Respondent was present in the hearing.
2. The Appellant through the RTI application dated 11.5.2012 sought certain information regarding contractor system in the government departments and details of contractors engaged in the Telecom Department in Uttar Pradesh. The appellant specifically asked 3 queries having various sub parts of those queries in the RTI application.
3. The CPIO replied to the RTI application vide his letter dated 31.5.2012 by informing the appellant that the query no.1 did not relate to the Ministry of Home Affairs and the appellant through his query wants to obtain the views/opinion of the CPIO in the matter which is not permissible u/s 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the Right to Information Act, 2005. As far as query no.2 and 3 of the RTI application does not fall within the purview of the Ministry of Home Affairs because the queries are concerned to the Governments of Uttar Pradesh and Uttrakhand respectively and for this reason the RTI application was transferred u/s 6(3) to these public authorities for taking necessary actions. However, the Government of Uttar Pradesh and Uttrakhand retuned back the application stating that it pertained to Ministry of Communications. Subsequently, the CPIO Ministry of Home Affairs also transferred his RTI application to the Ministry of Communication vide O.M dated 12.6.2012. Further, the CPIO Ministry of Communication vide O.M dated 15.6.2012 further transferred the RTI application of the appellant to the DGM (MISII) and CPIO, Bharat Sanchar Nigam Limited. After this the DGM (MISII) and CPIO, Bharat Sanchar Nigam Limited replied vide letter no: 21296/ 2012 RTI dated 5.7.2012 that the information sought under the RTI application is not available in this office and to please collect the required information from the respective circle office of the B.S.N.L.
4. Aggrieved with the reply of the CPIO, the appellant filed the second appeal before the Commission since the order of the CPIO did not clarify to whom the first appeal is to be filed. The appellant states in his second appeal that incomplete, improper and misleading information has been provided by the CPIO.
5. During hearing before the Commission, the CPIO submitted that RTI application of the appellant was duly replied by the CPIO and nothing has been concealed by them. Query no.2 and 3 of the RTI application is concerned with the Governments of Uttar Pradesh and Uttrakhand and the RTI has been transferred to both the Governments respectively.
7. Commission observes that the matter on which information is sought is regarding contractor system in the government departments and details of contractors engaged in the Telecom Department in Uttar Pradesh and Uttrakhand. The CPIO, BSNL is hereby directed to transfer the RTI application under the provision of section 6(3) of the RTI Act to the CPIO’s of the respective circles office of the BSNL within 5 days of receipt of this order. The CPIO’s of the respective circle office will thereafter reply directly to the appellant as per the provisions of the RTI Act, 2005.
8. Appeal is disposed of accordingly.
Citation: Shri Ajay Kumar Shukla v. Ministry of Home Affairs in Case No: CIC/SS/A/2012/002780