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Central Information Commission

Shrisalimullaha Kha vs Bharat Sanchar Nigam Limited on 19 August, 2014

                        CENTRAL INFORMATION COMMISSION
                           Club Building (Near Post Office)
                         Old JNU Campus, New Delhi - 110067
                                Tel: +91-11-26101592

                                                             File No. CIC/BS/A/2013/001571/5788
                                                                                 19 August 2014
Relevant Facts emerging from the Appeal:

Appellant                                :      Mohd. Salimullah Khan
                                                Vill & Post: Marowatpur,
                                                Via- Mahnar,
                                                District: Vaishali - 844506

Respondent                               :      CPIO & Assistant General Manager (Admin)
                                                BSNL
                                                O/o the Chief General Manager Telecom
                                                Bihar Circle, Patna - 800001

RTI application filed on                 :      11/05/2012
PIO replied on                           :      18/09/2012
First appeal filed on                    :      13/08/2012
First Appellate Authority order          :      No Order
Second Appeal dated                      :      13/06/2013

Information sought

:

The appellant has sought the following information:-
1. Provide the details of the tower/network location for the mobile no. 9431436388 on 26/04/2012 at 12.46 PM and on whose name the said number has been issued.
2. Provide the complete incoming call details of 9431436388 on 26/04/2012.

Grounds for the Second Appeal:

The CPIO has denied the information under Section 8(1)(j) of the RTI Act 2005.
Relevant Facts emerging during Hearing:
The following were present Appellant: Absent Respondent: Mr. Mehtab Alam CPIO's representative through VC M: 9431200655 The CPIO's representative stated that it can be seen from the appellant's 2 nd appeal that he is seeking the CDR of mobile no. 9431436388 but the information is related to third party and no public purpose has been demonstrated hence, exempt under Section 8(1)(j) of the RTI Act. The appellant is not present for canvassing his case/contesting the CPIO's representative's submissions.
Decision notice:
BSNL is bound to protect the confidentiality of its subscribers and information relating to CDR of any subscriber cannot be disclosed to third party being exempt under section 8(1) (j) of the RTI Act unless the seeker of information is able to show larger public interest to justify the disclosure.
Page 1 of 2
In the matter at hand the appellant has not established that the information sought is for larger public purpose. Hence, it need not be disclosed.
The matter is closed.
BASANT SETH Information Commissioner Authenticated true copy:
(R. L. Gupta) Dy. Registrar/Designated Officer Page 2 of 2