CENTRAL INFORMATION COMMISSION
Baba Gang Nath Marg, Munirka New Delhi -110067 Tel : +91-11-26186535
Appeal Nos. CIC/BSNLD/A/2017/603819 CIC/BSNLD/A/2017/603804
Appellant: Yogi M P Singh
Respondent: Central Public Information Officer, AGM (A), Bharat Sanchar Nigam Ltd., O/o. General Manager Telecom Distt. Mirzapur, U.P.
Date of Hearing: 18.04.2018
Dated of Decision: 18.04.2018
ORDER Facts: CIC/BSNLD/A/2017/603819
1. The appellant filed RTI application dated 13-03-2017 seeking name and designation of the officers who were allotted govt. vehicles including the miscellaneous expenditure details of BSNL viz. fuel expenditure; details of telephone exchanges and sub-exchanges in Mirzapur district; expenditure incurred on underground cable laying etc.
2. The CPIO responded on 17-04-2017. The appellant filed the first appeal dated 22-04-2017 with First Appellate Authority (FAA). The FAA responded on 19-05-2017. The appellant filed the second appeal on 31.05.2017 before the Commission on the ground that information should be provided to him. CIC/BSNLD/A/2017/603804
3. The appellant filed RTI application dated 09-03-2017 seeking action taken on his grievance petition relating to usage charges details including criteria for collection of tax from consumers.
4. The CPIO responded on 19-04-2017. The appellant filed the first appeal dated 08-05-2017 with First Appellate Authority (FAA). The FAA responded on 19-05-2017. The appellant filed the second appeal on 02.06.2017 before the Commission on the ground that information should be provided to him. Hearing:
5. Both the parties participated in the hearing through video conferencing. Mr Amritesh Kumar represented the respondent.
6. The appellant stated that the respondent should provide him expenditure details of the fuel utilized by their telephone exchanges. Further, he stated that the respondent should provide him exchange-wise details of the cable laying done by the BSNL. In addition, he stated that the respondent should also furnish him details of the usage charges w.r.t to his telephone bills. He pointed out delays of 35 and 41 days respectively in the CPIO reply(s).
7. The respondent stated that approximately 250 generators are functional in their telecom region. Hence, compiling exchange-wise fuel expenditure would involve a disproportionate effort. However, centralized data is available in their regard which can be supplied to the appellant. Further, he stated that the details of usage charges are already printed on their telephone bills. In this respect, they agreed to give in writing the factual position in the matter along with a copy of the bills. Discussion/ observation:
8. This Commission observed that the collation of information in the manner sought by the appellant would involve searching of voluminous records by a significant number of officials and an attempt to compile the information in the manner sought would disproportionately divert the resources of the public authority from the efficient discharge of its normal functions. Therefore, it attracts the provisions of Section 7(9) of the RTI Act, 2005, which reads as under:- “(9) An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question.”
9. This Commission is of the view that there is no malafide on the part of the CPIO. Therefore, the delay is condoned. No case of penalty is made out in the matter.
10. Further, this Commission observed that the respondent should provide the information, free of cost, to the appellant as agreed to in per para 7 above, within 15 days from the date of receipt of this order. Decision:
11. The respondent is directed to take action as per para 10 above. These appeals are disposed of. Copy of the order be given to the parties free of cost. (Radha Krishna Mathur) Chief Information Commissioner Authenticated true copy (S.C. Sharma) Dy. Registrar
CPIO BSNL was directed to provide access to information free of cost within 15 days from the date of receipt
CENTRAL INFORMATION COMMISSION