Kerala High Court
Biju C.R vs The Principal General Manager & ... on 6 August, 2025
WP(C) NO. 42078 OF 2024 1
2025:KER:58860
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
WEDNESDAY, THE 6TH DAY OF AUGUST 2025 / 15TH SRAVANA, 1947
WP(C) NO. 42078 OF 2024
PETITIONER:
BIJU C.R.,
AGED 53 YEARS
S/O.P. CHELLAPPAN PILLAI, POLICE QUARTERS,E5,
POLICE STATION COMPOUND, TRIPUNITHURA, ERNAKULAM,
DISTRICT, PIN - 682301
BY ADVS.
SRI.BABU S. NAIR
SMT.SMITHA BABU
SRI.P.A.RAJESH
SHRI.PRANAV
SRI.K.P.DHANEESH
SHRI.SIDDHARTH KARUN PISHARODY
RESPONDENTS:
1 THE PRINCIPAL GENERAL MANAGER & APPELLATE
AUTHORITY,
BHARAT SANCHAR NIGAM LIMITED, BSNL BHAVAN,
KALATHIPARAMBU ROAD, ERNAKULAM,
KOCHI, PIN - 682016
2 THE DEPUTY GENERAL MANAGER & CHIEF PUBLIC
INFORMATION OFFICER,
OFFICE OF THE PRINCIPAL GENERAL MANAGER, BHARAT
SANCHAR NIGAM LIMITED, KOCHI, ERNAKULAM DISTRICT,
PIN - 682016
3 *ADDL.R3:
THE CHIEF INFORMATION COMMISSIONER,
CENTRAL INFORMATION COMMISSION, CIC BHAVAN, BABA
GANGNATH MARG, MUNIRKA, NEW DELHI, PIN-110 067.
WP(C) NO. 42078 OF 2024 2
2025:KER:58860
(*ADDL.R3 IS IMPLEADED AS PER ORDER DATED
16.06.2025 IN IA NO.1/2025 IN WP(C)
NO.42078/2024.)
BY ADV SRI.JOHNSON GOMEZ
OTHER PRESENT:
SRI. MATHEWS K. PHILIP, SC, BSNL;
SMT. O.M. SHALINA, DEPUTY SOLICITOR GENERAL OF
INDIA.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.08.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 42078 OF 2024 3
2025:KER:58860
JUDGMENT
The petitioner had sought information under the Right to Information Act, 2005, as seen Ext.P1 dated 10.09.2024, as to whether from any office of the BSNL in Kerala, the call details of his BSNL connection bearing number 9447050211 were furnished to any third party between 01.01.2021 and 10.09.2024. On receipt of the said application, the 2nd respondent had forwarded the application to all the business areas of BSNL, as seen from Ext.P2 dated 13.09.2024. It is also seen that through Exts.P3 to P11, information was furnished to the petitioner. However, through Ext.P12, the information sought from the Ernakulam business area was refused, citing Section 8(1)(h) of the Right to Information Act, 2005. The petitioner challenged the same by filing Ext.P13, which resulted in Ext.P14, wherein the same reason is stated.
2. The specific case of the petitioner is that the petitioner was not heard, and the reason stated in Ext.P14 cannot be sustained.
3. After hearing the learned counsel for the petitioner and the learned counsel appearing for the BSNL, it is clear that the WP(C) NO. 42078 OF 2024 4 2025:KER:58860 BSNL never had any objection when they issued Exts.P3 to P11 information. There is no reason why information could have been refused by one area alone. Since the petitioner is not stated to be an accused, primafacie, I am inclined to accept the contention of the petitioner that Section 8(1)(h) is inapplicable to the petitioner.
However, since I am quashing Ext.P14 on the ground that the same was passed without putting the petitioner on notice, there will be a direction to the 1st respondent appellate authority to rehear Ext.P13 appeal with notice to the petitioner and after affording an opportunity of hearing to him. Fresh orders shall be passed within one month from the date of receipt of a copy of this judgment. It will be open to the petitioner to produce such materials/submissions to substantiate his contentions, which will be adverted by the 1st respondent while passing orders as directed above.
The impugned orders are quashed, and the writ petition is allowed as above.
Sd/-
MOHAMMED NIAS C.P. JUDGE Anu WP(C) NO. 42078 OF 2024 5 2025:KER:58860 APPENDIX OF WP(C) 42078/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED, 10-9-2024 Exhibit P2 A TRUE COPY OF THE REPLY SUBMITTED BY THE 2ND RESPONDENT TO THE PETITIONER DATED, 13-9-2024 Exhibit P3 A TRUE COPY OF THE REPLY GIVEN TO THE PETITIONER FROM BSNL, MALAPPURAM DATED, 21-9-2024 Exhibit P4 A TRUE COPY OF THE REPLY GIVEN TO THE PETITIONER FROM BSNL, THRISSUR DATED, 9-10-2024 Exhibit P5 A TRUE COPY OF THE REPLY GIVEN TO THE PETITIONER FROM BSNL, KOLLAM DATED, 8- 10-2024 Exhibit P6 A TRUE COPY OF THE REPLY GIVEN TO THE PETITIONER FROM BSNL, KOTTAYAM DATED, 8-10-2024 Exhibit P7 A TRUE COPY OF THE REPLY GIVEN TO THE PETITIONER FROM BSNL, ALAPPUZHA DATED, 28-9-2024 Exhibit P8 A TRUE COPY OF THE REPLY GIVEN TO THE PETITIONER FROM BSNL, KOZHIKKODE DATED, 19-9-2024 Exhibit P9 A TRUE COPY OF THE REPLY GIVEN TO THE PETITIONER FROM BSNL, PALAKKAD DATED, 27-9-2024 Exhibit P10 A TRUE COPY OF THE REPLY GIVEN TO THE PETITIONER FROM BSNL, KANNUR DATED, 3- 10-2024 Exhibit P11 A TRUE COPY OF THE REPLY GIVEN TO THE PETITIONER FROM BSNL, PATHANAMTHITTA DATED, 8-10-2024 Exhibit P12 A TRUE COPY OF THE REPLY GIVEN TO THE PETITIONER BY THE 2ND RESPONDENT DATED, 8-10-2024 Exhibit P13 A TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED, 10-10-2024 Exhibit P14 A TRUE COPY OF THE ORDER PASSED BY THE FIRST RESPONDENT IN APPEAL, DATED, 8- 11-2024 WP(C) NO. 42078 OF 2024 6 2025:KER:58860 Exhibit P15 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED, 16-11-2024 Exhibit P16 A TRUE COPY OF THE ORDER PASSED BY THE FIRST RESPONDENT DATED, 22-11-2024