Central Information CommissionMs.Roseline Kumari Das vs Ministry Of Communications And ... on 16 August, 2012CENTRAL INFORMATION COMMISSION
                    Club Building, Opposite Ber Sarai Market,
                      Old JNU Campus, New Delhi - 110067.
                              Tel: +91-11-26101592

                                                      File No. CIC/LS/C/2011/000494/BS/0623

COMPLAINT REMANDED TO :                     First Appellate Authority
                                            BSNL
                                            O/o The GMTD
                                            Katihar - 854105, Bihar

Complainant                          :      Ms. Roseline Kumari Das
                                            D/o Late Mantosh Kumar Das,
                                            C/o. Susmita Das, Mafarganj: Near FCI Godown,
                                            Ward No. 28: Katihar- 854105, Bihar

Public Information Officer           :      PIO & DGM
                                            BSNL
                                            O/o GMTD
                                            Katihar - 854105, Bihar.

Facts arising from the Complaint:The Complainant has filed a RTI application with the PIO on 24/11/2010 asking for certain
information. On not having received any reply from the PIO within the mandated time, she
approached the Commission directly by filing a Complaint underSection 18of the RTI Act on
25/01/2011 received on 01/02/2011.Upon perusal of the Complaint, it was observed that the Complainant did not utilize the channel
of the First Appellate Authority-as prescribed under theRTI Act. The Commission is therefore
instituting an enquiry as per the provision ofSection 18(2)of the RTI Act.Decision:In view of the aforesaid, the instant mater is now remanded to the FAA.The Commission hereby directs the FAA to treat the copy of the Complaint (enclosed herewith)
as the First Appeal and decide the matter in accordance with the provisions of theRTI Actafter
perusing the relevant documents and giving all concerned parties an opportunity to be heard.While deciding the matter, the FAA is directed to examine whether any information was
provided by the PIO within the mandated period and if provided, whether it was complete,
relevant and correct. Where the FAA is satisfied that the information provided by the PIO is as
per the records, the First Appeal shall be disposed of. The Commission shall be intimated of the
same.Page 1 of 2In the event, no information has been provided or if there are any deficiencies in the information
furnished by the PIO, the FAA may direct the PIO to provide the complete information in reply
to the RTI application dated 24/11/2010 to the Complainant, with a copy to the Commission.
Further, the FAA may also enquire and send an enquiry report to the Commission containing the
reasons for not furnishing and/or the delay in furnishing the complete information by the PIO
affixing responsibility and identifying the officer(s) so responsible, if any.Furthermore, if the Complainant is not satisfied with the orders of the FAA, he will be free to
move a Second Appeal before the Commission underSection 19(3)of the RTI Act.The Complaint is disposed of.Notice of this decision be given free of cost to the parties.Basant Seth
                                                                                          Information Commissioner
                                                                                                    August 16, 2012


Enclosed:             Copy of Complaint received on 01/02/2011; and
                      Copy of RTI application dated 24/11/2010.(In any correspondence on this decision, mention the complete decision number.)SurenderPage 2 of 2