Central Information Commission
Mr. S.A. Nazar Basha vs Bsnl, Kadapa on 5 October, 2009
Central Information Commission
CIC/AD/A/2009/001141
Dated: October 5, 2009
Name of the Applicant : MR. S.A. NAZAR BASHA
Name of the Public Authority : BSNL, Kadapa
Background
1. The Applicant filed an RTI application dated 27.01.09 with the CPIO/BSNL, Kadapa, requesting information regarding dues telephone bills pending with BSNL by various MPs, MLAs, and members of AP Legislative Council. He also requested for names and addresses of individual and commercial agencies having dues more than Rs.10,000/- with BSNL up to January, 2009 and details of the amounts as also the action taken by BSNL against them. The CPIO on 03.03.09 informed the Applicant that the information relates to third party, the disclosure of which will clause unwarranted invasion of privacy of the third party. He therefore, denied disclosure under Section 8(1)(j) of RTI Act, 2005. Not satisfied with the reply, the Appellant filed his first appeal on 12.3.09 stating that there is larger public interest in seeking the information and that the denial of information under Section 8(1)(j) of RTI Act, 2005 is incorrect. The Appellate Authority on 1.4.09 upheld the decision of the CPIO. Being aggrieved with this reply the Applicant filed a second appeal before the Commission on 17.07.09 requesting for the information, free of cost.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for 5th October, 2009.
3. No one was represented the Public Authority was not present during the hearing.
4. The Applicant was present through audio conferencing during the hearing.
Decision
5. The Commission holds that information sought is not third party information since the same is being held by BSNL and is already in the public domain and since concealing information and keeping affairs opaque will affect the confidence of the public in the way BSNL manages its affairs.
6. The Appellant stated that he has not yet received any information from the CPIO. The Commission, after reviewing the RTI request, directs the CPIO to provide all the information sought by the Appellant in respect of amounts pending payment with BSNL for telephones, mobile, WLL and internet connections by the MLAs, MPs and AP Legislative Assembly and members of AP Legislative Councils. With regard point 2 of the Applicant to inform the Respondent about the time period for which he needs the information and the CPIO to provide the complete information. All information to be provided by 10.11.2009.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G. Subramanian) Assistant Registrar Cc:
1. Mr. S.A. Nazar Basha, House No- 6/65-2A, Ravindra Nagar, Kadapa, A.P- 516003
2. The CPIO BSNL, O/o the GMT District, Kadapa District, Kadapa- 516001
3. The Appellate Authority BSNL, O/o the GMT District, Kadapa District, Kadapa- 516001
4. Officer in charge, NIC
5. Press E Group, CIC