PARMOD KUMAR GUPTA Vs. PUBLIC INFORMATION OFFICER

JUDGEMENT

(1.) The petitioner has filed an application on 13.07.2006, under the Right to Information Act, 2005 (RTI Act), with the Bharat Sanchar Nigam Limited (in short BSNL), seeking certain information. The said information was not provided by the PIO of BSNL. The petitioner filed an appeal with the First Appellate Authority. It is the case of the petitioner that the appeal was not actioned. Consequently, the petitioner preferred an appeal with the Central Information Commission (in short CIC). The CIC by the impugned order dated 05.07.2007, rejected the second appeal of the petitioner.

(2.) It is in this background that the petitioner has approached this court in a petition under Article 226 of the Constitution of India. Notice in this writ petition was issued on 06.02.2008. Since then several hearings have been held. Crucially, the proceedings of 20.07.2010 show that BSNL had sought time to produce the relevant records available in the office of the AGM (Legal), CGMT, BSNL, Agra. In subsequent proceedings a stand was taken on behalf of BSNL that the relevant file pertaining to the petitioner being file No. ST-42/Pro-Sr.TOA/CS/31 is not traceable. Accordingly, by an order dated 17.01.2011 this court directed BSNL to file an affidavit as to when it was discovered that the aforementioned file was not traceable. The court also directed BSNL to state in the affidavit, the circumstances under which the said file went missing and the consequential action taken by BSNL in that behalf.

(3.) Pursuant to the said order an affidavit was filed on behalf of BSNL, to which an affidavit in response was filed by the petitioner.