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[Cites 2, Cited by 1]

Central Information Commission

Shri D.V.S. Yadav vs Indian Air Force on 2 February, 2010

            CENTRAL INFORMATION COMMISSION
            Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066


                               File No.CIC/LS/A/2009/001033

Appellant                  :         Shri D.V.S. Yadav

Public Authority           :         Indian Air Force
                                     (through Wg Cdr T Sajan, Wg Cdr P.J.P. Singh &
                                     Wg Cdr K.K. Sharma)

Date of Hearing            :         2.2.2010

Date of Decision           :         2.2.2010

FACTS :

By his letter of 16.3.2009, the appellant had sought information on 04 paras regarding drawal of conveyance allowance by the officers posted in AFRO, AFCAO & AFCME from 1998 to 2003 located at Subarato Park, Delhi, and the matters related therewith. The CPIO had responded to it vide letter dated 14.5.2009 wherein he had denied information regarding para 01 and provided information regarding para 02. As regards, paras 03 & 04, the CPIO had taken the view that the requested information could not be given u/s 8 (1) of the RTI Act. However, the AA vide order dated 31.7.2009 had set aside the decision of CPIO regarding para 01 of the RTI application and upheld the decision regarding the remaining 03 paras.

2. The present appeal is directed against the orders of CPIO/AA.

3. Heard on 2.2.2010. Appellant not present. The public authority is represented by the officers named above. I have carefully gone through the RTI application and the orders passed by CPIO and AA. I have also heard Wg Cdr T Sajan. The AA has rightly set aside the order of CPIO regarding para 01 of the RTI application. The CPIO appears to have taken a correct view regarding the other paras inasmuchas the appellant is seeking third party information. It is to be noted that third party information can be disclosed if public interest in disclosure out weighs in importance any possible harm or injury to the interest of such third party as per proviso appended to section 11 (1). The appellant has not appeared before the Commission to establish such larger public interest. The appeal memo filed by the appellant also does not contain any grounds in this regard.

DECISION

4. In view of the above, the appeal is dismissed, being devoid of merit.

Sd/-

(M.L. Sharma) Central Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.

(K.L. Das) Assistant Registrar Address of parties :-

1. Wg Cdr T Sajan CPIO, Room No. 160, Air HQ, Vayu Bhawan, Rafi Marg, New Delhi-110106
2. Shri D.V.S. Yadav Flat No. 703, Plot No. 39B, Santosh Apartment, Sector-6, Dwarka, New Delhi-110075