Copy of caste certificate was denied u/s 8(1)(j) - PIO: the said employee retired in 1997 & his service book is available with DoT pension cell; if the appellant’s allegation of ST certificate being bogus is true, the information will be provided

Information sought:

The appellant has sought the following information:-

(1) Service Register of Sri Potluru Krishnaiah, Telephone Operator (Retd), BSNL, Nellore copy of page No. 1 and 2 of Service Register.

Grounds for the Second Appeal:

The CPIO has denied the information under Section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act 2005.

Relevant Facts emerging during Hearing held on 07/07/2014:

The following were present

Appellant: Mr. K. Malakondaiah through VC M: 09502553981

Respondent:

The appellant stated that he needs copies of page 1 & 2 of the service book of Sri Potluru Krishnaiah, Telephone Operator (Retd), BSNL. He contended that the employee had obtained his employment with the BSNL based on bogus ST certificate and his children are also taking advantage and getting employment. It was argued by the appellant that the caste certificate was the very basis for recruitment of Shri Krishnaiah and therefore the information should be disclosed to ensure transparency & eradication of corruption. The CPIO is not present inspite of being put on notice for the hearing.

Interim Decision notice 07/07/2014: The Commission takes a serious view of the lackadaisical/ callous attitude adopted by the CPIO who has not bothered to attend the hearing inspite of being put on notice. The Commission, therefore, directs the FAA/GMTD, BSNL Nellore SSA to call for the explanation of the CPIO for not providing the information sought by the appellant and also for not attending the hearing inspite of being put on notice. The explanation of the CPIO as aforesaid along with the FAA’s comments should reach the Commission on or before 07/08/2012 by post and also by e-mail at rtiorganize@gmail.com.

The hearing is adjourned for 13/08/2014 at 4.00 PM.

Relevant Facts emerging during Hearing on 13/08/2014: The following were present

Appellant: Absent

Respondent: Mr. Jay Kumar CPIO’s representative through VC M: 9490322344

The appellant was given an opportunity to participate in the hearing, however, he is absent. The CPIO’s representative stated that the employee about whom the information is being sought had retired from service long back in the year 1997 and his service book is available with the DoT pension cell at Hyderabad. He further stated that the information sought (viz. copy of page 1 & 2 of service book) is personal information and normally exempt under Section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act, however, he will request his pension cell to check up the records and if there is any truth in the appellant’s allegation that Shri Krishnaiah’s ST certificate is bogus the information will be provided.

Decision Notice:

As agreed by the CPIO’s representative he should check up the records relating to Shri Krishnaiah’s ST certificate and inform the outcome to the appellant within 45 days from the date of receipt of this order. The appeal is disposed of accordingly.

BASANT SETH

Information Commissioner

Citation: Mr. K. Malakondaiah v. BSNL in File No. CIC/BS/A/2013/001266/5777