Central Information Commission
CIC/AD/A/2009/000637
Dated June 23, 2009
Name of the Applicant: Mr.Ranjit Bhattacharjee
Name of the Public Authority: BSNL, Silchar
Background
1. The Applicant filed an RTI application dt.10.12.08 with the CPIO, BSNL, Silchar. He requested for details of incoming and outgoing calls in respect of 2 landline and one mobile number. The CPIO replied on 5.2.09 denying the information as it related to third parties. The Applicant filed an appeal dt.25.2.09 with the Appellate Authority reiterating his request for the information. The CPIO replied on 27.3.09 stating that third parties were requested to intimate their consent whether the detailed call records against their telephone Nos. can be disclosed or not to which they had intimated their written objection and asked not to supply the detailed call records for the period 1.5.08 to 13.5.08 or any other period to maintain their privacy. He also added that the matter is subjudice. The Appellate Authority replied on 28.3.09 rejecting the appeal. The Applicant filed a second appeal dt.29.4.09 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for June 23, 2009.
3. Mr. S. Venkatesan, Dy. General Manager (P&A) cum CPIO represented the Public Authority.
4. The Applicant was present during the hearing with his wife.
Decision The Appellant submitted that he and his wife have been falsely implicated in a matrimonial dispute between his elder son and daughter-in-law and that serious allegations have been leveled against them in the court by his daughter in law. He stated that they have been defamed in the society and that they need to clear their names and need the information for filing in the court. In this connection he wanted the details of incoming and outgoing calls between the telephones subscribed to by his daughter-in-law’s parents/uncle viz. Silchar No.224292, Hailakandi 223147, Mobile 9435213071 and mobile Phone No.9990005604 used by his daughter in law, from 1.5.08 to 13.5.08 when she was staying with her husband at Roorkee, since the daughter in law in one of her statements provided to the court , stated that with “great difficulty I got across to my parents” thereby suggesting that she was being stopped by force from contacting her parents. The Appellant’s contention was that his daughter in law used to be alone at home the whole day when his son was out at work and she was free to call her parents at any time and, therefore, the question of contacting her parents with ‘difficulty’ is a lie. The Appellant also stated that he is not interested in any other call details except for those between his daughter in law and her parents during that particular 13 day period to prove their innocence.
The Commission on careful consideration of the request and convinced that the very old couple who were present at the hearing have a right to clear their name which, according to the Appellant has been ‘defamed’, directed the Respondent to give only the details of the outgoing calls from the roaming mobile phone of the daughter in law to her parents’ telephone numbers including day and date and duration for the 13 day period. (Details of incoming calls are technically not available). The Respondent handed over these details immediately to the Appellant in the presence of the Commissioner in respect of the outgoing calls from the roaming telephone no. of the Appellant’s daughter in law to her parents during the said period.
5. The appeal is disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Asst. Registrar
Cc:
1. Mr.Ranjit Bhattacharjee
Flat No.142, New Ashiana Apartments, Plot No.10, Sector-6, Dwarka Delhi 110 075
2. Mr.S.P.Chakraborty The APIO & DE (A) Bharat Sanchar Nigam Limited
O/o General manager E-10B Building, Daccai patty Silchar – 1 Assam
3. Mr.S.C.Ojha
The Appellate Authority & General Manager (A) Bharat Sanchar Nigam Limited
O/o Chief General Manager, Assam Telecom Circle, Pan Bazar, Guwahati 1
4. Officer in charge, NIC
5. Press E Group, CIC
CIC/AD/A/2009/000637
Dated June 23, 2009
Name of the Applicant: Mr.Ranjit Bhattacharjee
Name of the Public Authority: BSNL, Silchar
Background
1. The Applicant filed an RTI application dt.10.12.08 with the CPIO, BSNL, Silchar. He requested for details of incoming and outgoing calls in respect of 2 landline and one mobile number. The CPIO replied on 5.2.09 denying the information as it related to third parties. The Applicant filed an appeal dt.25.2.09 with the Appellate Authority reiterating his request for the information. The CPIO replied on 27.3.09 stating that third parties were requested to intimate their consent whether the detailed call records against their telephone Nos. can be disclosed or not to which they had intimated their written objection and asked not to supply the detailed call records for the period 1.5.08 to 13.5.08 or any other period to maintain their privacy. He also added that the matter is subjudice. The Appellate Authority replied on 28.3.09 rejecting the appeal. The Applicant filed a second appeal dt.29.4.09 before CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for June 23, 2009.
3. Mr. S. Venkatesan, Dy. General Manager (P&A) cum CPIO represented the Public Authority.
4. The Applicant was present during the hearing with his wife.
Decision The Appellant submitted that he and his wife have been falsely implicated in a matrimonial dispute between his elder son and daughter-in-law and that serious allegations have been leveled against them in the court by his daughter in law. He stated that they have been defamed in the society and that they need to clear their names and need the information for filing in the court. In this connection he wanted the details of incoming and outgoing calls between the telephones subscribed to by his daughter-in-law’s parents/uncle viz. Silchar No.224292, Hailakandi 223147, Mobile 9435213071 and mobile Phone No.9990005604 used by his daughter in law, from 1.5.08 to 13.5.08 when she was staying with her husband at Roorkee, since the daughter in law in one of her statements provided to the court , stated that with “great difficulty I got across to my parents” thereby suggesting that she was being stopped by force from contacting her parents. The Appellant’s contention was that his daughter in law used to be alone at home the whole day when his son was out at work and she was free to call her parents at any time and, therefore, the question of contacting her parents with ‘difficulty’ is a lie. The Appellant also stated that he is not interested in any other call details except for those between his daughter in law and her parents during that particular 13 day period to prove their innocence.
The Commission on careful consideration of the request and convinced that the very old couple who were present at the hearing have a right to clear their name which, according to the Appellant has been ‘defamed’, directed the Respondent to give only the details of the outgoing calls from the roaming mobile phone of the daughter in law to her parents’ telephone numbers including day and date and duration for the 13 day period. (Details of incoming calls are technically not available). The Respondent handed over these details immediately to the Appellant in the presence of the Commissioner in respect of the outgoing calls from the roaming telephone no. of the Appellant’s daughter in law to her parents during the said period.
5. The appeal is disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Asst. Registrar
Cc:
1. Mr.Ranjit Bhattacharjee
Flat No.142, New Ashiana Apartments, Plot No.10, Sector-6, Dwarka Delhi 110 075
2. Mr.S.P.Chakraborty The APIO & DE (A) Bharat Sanchar Nigam Limited
O/o General manager E-10B Building, Daccai patty Silchar – 1 Assam
3. Mr.S.C.Ojha
The Appellate Authority & General Manager (A) Bharat Sanchar Nigam Limited
O/o Chief General Manager, Assam Telecom Circle, Pan Bazar, Guwahati 1
4. Officer in charge, NIC
5. Press E Group, CIC
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