Central Information Commission
Mrusha Gupta vs Bharat Sanchar Nigam Limited on 31 August, 2015
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/BS/A/2014/002128/8473
31 August 2015
Relevant Facts emerging from the Appeal:
Appellant : Smt. Usha Gupta
C-206, Nirman Nagar, Kings Road,
Ajmer Road, Jaipur - 302019
Respondent : CPIO / AGM (Legal)
BSNL
O/o General Manager Telecom District,
BSNL Admn. Building, Sector - 15-A,
Faridabad - 121007, Haryana
RTI application filed on : 01/05/2014
PIO replied on : No reply
First appeal filed on : 16/06/2014
First Appellate Authority order : 10/07/2014
Second Appeal received on : 28/07/2014
Information sought:
Appellant sought the following information:
1. Copies of rent agreement of Bahin, Datir, Atali, Salakha & Camp Colony and Palwal GSM sites.
2. Copies of sanction memo of rent for Bahin, Datir, Atali, Salakha & Camp Colony, Palwal GSM sites -since hiring to till date.
3. Copies of instructions regarding release of building rent upto Rs.5000/- or any other amount issued by O/o GMTD, Faridadbad.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present Appellant: Absent.
Respondent: Mr. A K Verma CPIO M: 9466000349 The CPIO stated that the appellant had asked for copies of rent agreement of six premises but the information cannot be disclosed as it relates to third parties and is exempted under Section 8(1)(j) of the RTI Act. As regards copies of the instructions sought under query 3, the CPIO stated that he will supply the information. The appellant is not present for canvassing her case/contesting the CPIO's submissions.Page 1 of 2
Decision notice:
The basic protection afforded by virtue of the exemption from disclosure of information relating to third party enacted under Section 8(1)(j) of the RTI Act cannot be lifted or disturbed unless the petitioner is able to justify how such disclosure would be in ' larger public interest'. However, as agreed by the CPIO he should supply the instructions sought under query 3 to the appellant forthwith.
The appeal is disposed of accordingly.
BASANT SETH Information Commissioner Authenticated true copy:
(R. L. Gupta) Dy. Registrar/Designated Officer Page 2 of 2