CIC directed its registrar to fix next date of hearing of the matter after 10 days.

                                                         केन्द्रीय  सूचना आयोग 
                                                Central Information Commission  
                                                   बाबा गंगनाथ माग , मुिनरका     
                                              Baba Gangnath Marg, Munirka      
                                                  नई दिल्ली, New Delhi – 110067

द्वित्तीय अपील सख्या  /Second Appeal Nos.- CIC/BSNLD/A/2017/603819 &   CIC/BSNLD/A/2017/603804

Adjunct Order Dated 15.10.2018
Hearing: 1.  The instant matter is listed today for the further hearing.
2. Both the parties participated in the hearing through video conferencing.
Mr. Kamla Pati (AGM) represented the respondent. The written submissions are
taken on record.
3. The appellant stated that the respondent has not provided him complete
information including the reply to point no. 5 his RTI application (minutes of BSNL
proceedings relating to usage details) till date. Further, he stated that order
dated 18.04.2018 of this Commission has not been complied with by the
respondent. 
4.  The respondent stated that they had sent their reply to the appellant
through the ordinary post. Further, they agreed to re-send their copy of reply
indicating the factual position in the matter through the registered post, within
7 days from the date of receipt of this order.  
Discussion/ observation:
5. This Commission observed that the respondent should take action as
agreed to in para 4 above. Further, this Commission observed that it would like
to peruse the relevant records before taking a final view on the matter. The
respondent should bring a copy of their reply on the next date of hearing. In view
of this, the matter is adjourned. 
Decision:
6. The respondent is directed to take action as per para 5 above.
7.  The Deputy Registrar is directed to fix a hearing in the matter after 10
days. Separate notices be issued to both the parties.


2-Copy of the order be given to the parties free of cost.

Radha Krishna Mathur( राधा कृष्ण माथुर ) )  
 Chief Information Commissioner (मुख्य सूचना आयुक्त )
Authenticated true copy (अभिप्रमाणित सत्यापित प्रति)

S.C. Sharma Dy. Registrar एस.सी. शर्मा उप पंजीयक  (011-26186535)

Mahesh Pratap Singh Yogi M P Singh
<yogimpsingh@gmail.com>

Decision Uploaded

2 messages

Central Information Commission (CIC) <no-reply@nic.in>
17 October 2018 at 10:31
To:
yogimpsingh@gmail.com
Dear
Sir/Madam,
Final decision on your case has been uploaded on website
at
www.cic.gov.in Your case details are given below:
1
File
Number
CIC/BSNLD/A/2017/603804
2
Information
Commissioner
Radha
Krishna Mathur
3
Decision
uploading date
17-10-2018
4
Hearing
scheduled date
18-04-2018
5
Appellant
Name
Yogi M
P Singh
6
Appellant
Address
S/o.
Sh. Rajendra Pratap Singh, Mohalla Surekapuram, Jabalpur Road, District
Mirzapur 231001, (7379105911).
7
Public
Authority
Bharat
Sanchar Nigam Limited
8
CPIO
details
THE
CPIO
Decision has been uploaded for your case no.
CIC/BSNLD/A/2017/603804 . Please find below link to view your decision :
http://tinyurl.com/yc29ck9r
Regards,
Central
Information Commission (CIC)

Central Information Commission (CIC) <no-reply@nic.in>
17 October 2018 at 10:32
To:
yogimpsingh@gmail.com
Dear
Sir/Madam,
Final decision on your case has been uploaded on
website at
www.cic.gov.in Your case details are given below:
1
File
Number
CIC/BSNLD/A/2017/603819
2
Information
Commissioner
Radha
Krishna Mathur
3
Decision
uploading date
17-10-2018
4
Hearing
scheduled date
18-04-2018
5
Appellant
Name
Yogi M
P Singh
6
Appellant
Address
S/o.
Sh. Rajendra Pratap Singh, Mohalla- Surekapuram, Jabalpur Road,
Distt-Mirzapur-231001, (7379105911).
7
Public
Authority
Bharat
Sanchar Nigam Limited
8
CPIO
details
THE
CPIO
Decision has been uploaded for your case no.
CIC/BSNLD/A/2017/603819 . Please find below link to view your decision :
http://tinyurl.com/ycq7rtou
Regards,
Central
Information Commission (CIC)

Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>
If everything is available in Telephone bill, then why not providing the telephone bills containing call details? Too much surprising that penal proceedings may be faced by CPIO but sought information available in the telephone bills can’t be provided.
1 message
yogimpsingh@gmail.com <yogimpsingh@gmail.com> 2 June 2017 at 12:26
To: “J.L GAUTAM” <jl_gautam@yahoo.co.in>, secy-cic <secy-cic@nic.in>, pmosb <pmosb@pmo.nic.in>, “presidentofindia@rb.nic.in” <presidentofindia@rb.nic.in>, supremecourt <supremecourt@nic.in>, urgent-action <urgent-action@ohchr.org>, “pvarshney@bsnl.co.in” <pvarshney@bsnl.co.in>

An appeal under subsection 3 of section 19 of Right to Information Act 2005 being filed before as follows-
To
                             Chief information commissioner of India
                                   The Central Information Commission
                                               August Kranti Bhawan,
                                                    Bhikaji Cama Place,
                                                    New Delhi – 110066
Appellant-Yogi M. P. Singh S/O Rajendra Pratap Singh
Mohalla – Surekapuram, Jabalpur Road
District-Mirzapur, Uttar Pradesh,  India
Respondents-1-CPIO / AGM(A) MIRZAPUR, Phone: 054422215500
2- First Appellate Authority Details: -GMTD MIRZAPUR, Phone: 05442222944, jl_gautam@yahoo.co.in,
Prayer-CPIO may be directed to provide the sought Information withheld by him illegally and wilful disobedience made by CPIO as he denied the sought information in a cryptic manner consequently invites penal action under section 20 of Right to Information Act 2005. Accountability of First Appellate Authority may also be fixed as he only made efforts to shield the CPIO instead of adopting a logistic approach in the matter consequently acted contrary to the spirit of transparency act.
Most revered Sir –Your applicant invites the kind attention of Hon’ble Sir with due respect to following submissions as follows.
1-It is submitted before the Hon’ble Sir that Hon’ble Sir may be pleased to take a glance of sought information as-
Sought information -1-Please make available details of actions taken on attached grievance by the concerned staffs of public authorities.
2-Usage charges are levied on consumers but usage details are not made available by the B.S.N.L. IPSO FACTO obvious. Please make available usage details in regard to attached bills.
3-Please make available details of one time charges. Constituents of one time charges levied on the customer should be made available by the CPIO IN regard to attached scanned PDF COPY of provided bills by BSNL.
4-Please make available THE CRITERIA of Tax levied on the customers in view of attached bills.
5-All other service providing companies provide usage details but B.S.N.L. not. Please make available minutes of proceedings in this reference if B.S.N.L. moved forward in this direction.
Enter Registration Number-BSUPE/R/2017/80013, Name-Yogi M P Singh, Date of filing    09/03/2017, Public Authority-BSNL UP(E), Status-REQUEST DISPOSED OF, Date of action   19/04/2017.
2-It is submitted before the Hon’ble Sir that Hon’ble Sir may be pleased to take a glance of denial of sought information by the CPIO in a cryptic manner as-
Reply- 1.  The necessary rebate has been given to you as per your grievance.
2.     Usage summary charges details like a local call, STD call, ISD call, Discount etc. are provided by BSNL in subscriber bill.
3.     One time charges details as the deposit is given in subscriber Bill.
4.     Tax Details description as Service Tax @ 14.00%, Swachh Bharat Cess @ 0.50%, Krishi Kalyan Cess @ 0.50% are provided in Subscriber Bill.
5.     Usage summary details like local call charges, STD call charges, ISD call charges, Discount etc. are provided by BSNL in subscriber bill.
3-It is submitted before the Hon’ble Sir that your appellant sought information and requested it to provide within time as stipulated under subsection 1 of section 7 but CPIO violated this provision of transparency act. Ipso facto obvious that date of filing of R.T.I. Application 09-03-2017 and the cryptic reply made by CPIO on 19-04-2017i.e. after 41 days but it is mandatory for CPIO to provide sought information within 30 days from the date of receipt of R.T.I. Application. Your appellant filed an appeal under subsection 1 of section 19 of Right to Information Act 2005 which description is as follows-
Enter Registration Number BSUPE/A/2017/60015, Name-Yogi M P Singh, Date of filing-08/05/2017, Public Authority-BSNL UP(E)
Status      APPEAL DISPOSED OF, Date of action-19/05/2017
Reply:- Nothing is incomplete. Information provided is based on facts & truth and as per query.
Short submissions are as follows-
1-CPIO and F.A.A. are acting like the inscrutable face of a sphinx.
2-CPIO deliberately procrastinated on the submitted online application in a schizophrenic way.
3-CPIO took under teeth provisions of Right to Information Act 2005 by denying sought information in a cryptic manner to your appellant illegally as concerned wanted to cover under the blanket the corruption of department by withholding the disclosure of sought information and First Appellate Authority also covered the wrongdoing of department by upholding the denial of CPIO blindly. 4-Disclosure of part information by the CPIO itself cryptic and failed efforts to shield its privileged staffs that are entertaining luxuries vehicles at the cost of public exchequer along with family and relatives.
5-Roll of F.A.A. is a reflection of his insolence as he, not only supported the CPIO during the entire episode but also acted against the spirit of Right to Information Act 2005.
6-Right to Information Act 2005 was brought up by the government of India in order to enhance transparency and accountability in the working of public authority but it seems that it will remain failed to achieve its goal if consumer’s rights would be infringed in this way. If everything is available in the bills, then why not, they are providing the bills in which entire details may be available. Your appellant never sought rebate but action against those who are providing arbitrary bills to consumers. Your appellant needs entire call detail so that a complaint may be filed under Cr.P.C. 156 (3) in a court of law. If no phone call was made, then how did they charge for a phone call? The matter is concerned with rampant corruption in B.S.N.L. Mirzapur.
This is a humble request of your appellant that it is the obligation of Central information commission to be instrumental in providing sought information and that created obstacle be subjected to penal proceedings in accordance with the law of land. For your appellant shall ever pray you, Hon’ble Sir.
                                                             Yours sincerely
Date-02/06/2017                       Yogi M. P. Singh, Mobile number-7379105911, Mohalla- Surekapuram, Jabalpur Road, District-Mirzapur, Uttar Pradesh. Pin code-231001.
Sent from Mail for Windows 10
Mahesh Pratap Singh Yogi M P Singh <yogimpsingh@gmail.com>
Mockery of provisions of Right to Information Act 2005 was made by B.S.N.L. Mirzapur as they are demanding Rs.9000.00 in order to provide sought information.
1 message
yogimpsingh@gmail.com <yogimpsingh@gmail.com> 31 May 2017 at 17:01
To: secy-cic <secy-cic@nic.in>, “J.L GAUTAM” <jl_gautam@yahoo.co.in>, pmosb <pmosb@pmo.nic.in>, “presidentofindia@rb.nic.in” <presidentofindia@rb.nic.in>, supremecourt <supremecourt@nic.in>, urgent-action <urgent-action@ohchr.org>

An appeal under subsection 3 of section 19 of Right to Information Act 2005 being filed before as follows-
To
                             Chief information commissioner of India
                                   The Central Information Commission
                                               August Kranti Bhawan,
                                                    Bhikaji Cama Place,
                                                    New Delhi – 110066
Appellant-Yogi M. P. Singh S/O Rajendra Pratap Singh
Mohalla – Surekapuram, Jabalpur Road
District-Mirzapur, Uttar Pradesh,  India
Respondents-1-CPIO / AGM(A) MIRZAPUR, Phone: 054422215500
2- First Appellate Authority Details: -GMTD MIRZAPUR, Phone: 05442222944, jl_gautam@yahoo.co.in,
Prayer-CPIO may be directed to provide rest of Information withheld by him illegally and wilful disobedience made by CPIO consequently invites penal action under section 20 of Right to Information Act 2005. Accountability of First Appellate Authority may also be fixed as he only made efforts to shield the CPIO instead of adopting a logistic approach in the matter consequently acted contrary to the spirit of transparency act.
Most revered Sir –Your applicant invites the kind attention of Hon’ble Sir with due respect to following submissions as follows.
1-It is submitted before the Hon’ble Sir that Hon’ble Sir may be pleased to take a glance of sought information as-
To direct central public information officer of B.S.N.L. Mirzapur to provide following information pointwise to your application within the stipulated time as prescribed under subsection 1 of section 7 of Right to Information Act 2005.
1-Please make available detail including designation and name of officers who are provided a vehicle in order to perform allotted duties in B.S.N.L. Mirzapur as aforementioned.
2-Please make available detai1 of fuel expenditures on the vehicles in regard to point 1 per month since last six months which are causing a burden on the public exchequer.
3-Please make available details of Telephone exchanges and Telephone sub-exchanges working in various areas of Mirzapur district.
4-Please make available details of diesel expenditures on the electricity generators installed in aforementioned point 3 since last six months which are causing a burden on public exchequer with a motive to an uninterrupted supply of services to consumers.
5- Please make available details of expenditures on the proliferation of underground cable since last six months which must include details of accidental damage of cables during this period separately.
Enter Registration Number BSUPE/R/2017/50032
Name        Yogi M P Singh, Date of filing-13/03/2017
Public Authority BSNL UP(E), Status   REQUEST DISPOSED OF
Date of action   17/04/2017
2-It is submitted before the Hon’ble Sir that information made available by CPIO on  17/04/2017 and R.T.I. the request was submitted on 13/ 03/2017 i.e. after 35 days of the date of submitting R.T.I. request. Information made available by CPIO is as follows- 
Reply- 1.  Vehicles are allotted as per need basis of Deptt. Works, not by names.
2.     In SSA Mirzapur, total 11 hired vehicles and 2 Deptt. Vehicles are sanctioned. Against 11 hired vehicles only 9 hired vehicles are engaged as per need @Rs. 22600/- per month. Deptt. Vehicles fuel expenditure vary as per need up to max. Rs. 10000/-per month.
3.     Details of Telephone Exchanges in Mirzapur District are- Angarh,Bathuwa,Bahuti,Kachhawa,Chetganj,Fataha,Jigna,Gaipura,Hargarh,Hurua,Jamua Bazar,Jopa,Jiyuti,Kalwari,Lahangpur,Marihan,Paho,Paidapur,Padari,Patehara,Purjagir,Rajgarh, Seekhar,Vindhyachal,Baraundha,Dubar Kala, Dramalganj,Hallia,Lalganj,Mahugarh, Adalhat, Adalpura, Ahraura,Bhendi,Chunar,Chaukia,Imliachatti,Jamui,Jamalpur,Kailhat,Magraha, Narainpur,Shakteshgarh and Rampur
4.     Diesel expenditure for Generators are depended on non-availability of Electricity and it varies from month to month. Diesel expenditure details are not readily available in compiled form. Even it is required, kindly deposit Rs. 6000/- for compiling the data as per your need.
5.     On an urgent basis, some underground cable has been laid, but expenditure details of cable laid are not readily available in compiled form. Even it is required, kindly deposit Rs. 3000/- for compiling the data as per your need.
3-It is submitted before the Hon’ble Sir that your appellant sought information and requested it to provide within time as stipulated under subsection 1 of section 7 but he violated this provision of transparency act. Following prayer was made to first appellate authority and for detail, document PDF is attached with this appeal. 
Please take a glance of reference of subsection 6 of section 7 of Right to Information Act 2005 as follows. Notwithstanding anything contained in sub-section (5), the person making a request for the information shall be provided with the information free of charge where a public authority fails to comply with the time limits specified in sub-section (1). Please take a glance of reference of subsection 1 of section 7 of Right to Information Act 2005 as follows. Subject to the proviso to sub-section (2) of section 5 or the proviso to sub-section (3) of section 6, the Central Public Information Officer or State Public Information Officer, as the case may be, on receipt of a request under section 6 shall, as expeditiously as possible, and in any case within thirty days of the receipt of the request. Consequently, CPIO may provide sought information free of cost. Following order itself supports the stand of the appellant in which chief information commissioner of India ordered to provide sought information free of cost to High court of Judicature at Allahabad.
Enter Registration Number BSUPE/A/2017/60014, Name-Yogi M P Singh, Date of filing-22/04/2017, Public Authority-BSNL UP(E)-Status-APPEAL DISPOSED OF, Date of action-19/05/2017
Reply:- Deployment of two manpower (one Sr. TOA and one helper) for 3 days to compiling the data as per your requirement. Salary and wages for same will be paid by the applicant.
Short submissions are as follows-
1-CPIO and F.A.A. are acting like the inscrutable face of a sphinx.
2-CPIO deliberately procrastinated on submitted online application in a schizophrenic way.
3-CPIO took under teeth provisions of Right to Information Act 2005 by demanding Rs.9000.00 from your appellant illegally as concerned wanted to cover under the blanket the corruption of department by withholding the disclosure of sought information.
4-Disclosure of part information by the CPIO itself cryptic and failed efforts to shield its privileged staffs that are entertaining luxuries vehicles at the cost of public exchequer along with family and relatives.
5-Roll of F.A.A. is a reflection of his insolence as he, not only supported the CPIO during the entire episode but also acted against the spirit of Right to Information Act 2005.
6-Right to Information Act 2005 was brought up by the government of India in order to enhance transparency and accountability in the working of public authority but it seems that it will remain failed to achieve its goal if records would be compiled and collected at the cost of payment made by information seekers.
This is a humble request of your appellant that it is the obligation of Central information commission to be instrumental in providing sought information and that created obstacle be subjected to penal proceedings in accordance with the law of land. For your appellant shall ever pray you, Hon’ble Sir.
                                                             Yours sincerely
Date-31/05/2017                       Yogi M. P. Singh, Mobile number-7379105911, Mohalla- Surekapuram, Jabalpur Road, District-Mirzapur, Uttar Pradesh. Pin code-231001.
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Mahesh Pratap Singh Yogi M P Singh

4-Please make available details of diesel expenditures on the electricity generators installed in aforementioned point 3 since last six months which are causing a burden on public exchequer with a motive to an uninterrupted supply of services to consumers.
5- Please make available details of expenditures on the proliferation of underground cable since last six months which must include details of accidental damage of cables during this period separately.

Preeti Singh
2 years ago

CPIO took under teeth provisions of Right to Information Act 2005 by demanding Rs.9000.00 from your appellant illegally as concerned wanted to cover under the blanket the corruption of department by withholding the disclosure of sought information.
Undoubtedly CPIO is concealing the sought information and now he must provide the sought information available at the central data collection centre.

Arun Pratap Singh
2 years ago

On an urgent basis, some underground cable has been laid, but expenditure details of cable laid are not readily available in compiled form. Even it is required, kindly deposit Rs. 3000/- for compiling the data as per your need.
Think about the reply when some underground cable was laid down, then its compiling fees is Rs.3000 but now when CPIO was ordered to provide sought information, then no information is available.