Central Information Commission
Mrc H Prakash vs Bharat Sanchar Nigam Limited on 24 April, 2014
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi - 110067
Tel: +91-11-26101592
File No. CIC/BS/A/2013/000699/4973
24 April 2014
Relevant Facts emerging from the Appeal:
Appellant : Mr. C. H. Prakash
S/o Late Hanumanthappa
Lakkavalli Post and hobli
Tarikere Taluk, Chikmangalure District
Karnataka - 577228
Respondent : CPIO & Dy. General Manager
BSNL
O/o the General Manager Telecom
District: Shimoga - 577205
RTI application filed on : 04/07/2012
PIO replied on : 28/07/2012
First appeal filed on : 25/08/2012
First Appellate Authority order : 20/09/2012
Second Appeal dated : 20/02/2013
Information sought:
The applicant has sought the information regarding the names of employees under "MALERU" community and to furnish police verification report along with attestation form and first page entry of Service book of all ST candidates.
Grounds for the Second Appeal:
The CPIO has denied the information under 8(1)(j) of the RTI Act 2005.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. C. H. Prakash through VC Respondent: Mr. V G Divakar CPIO's representative through VC The appellant stated that he needs the details including police verification reports and first page entry in the service book of candidates belonging to Maleru community. The CPIO's representative stated that the information is of personal nature and relates to third parties and they had followed the process as laid down under Section 11 of the RTI Act but the employees have objected to the disclosure. He contended that the information is exempt under Section 8(1)(j) of the RTI Act.
Decision notice:
It is seen that the Hon'ble of High Court of Delhi in its decision dated 19/02/2014 (W.P.(C) 3406/2012 and CM APPL. 7218/2012 Union of India vs. R. Jayachandran) has inter-alia held:Page 1 of 3
"6. This Court finds that the concept of third party information has been comprehensively dealt with in the RTI Act. Some of the relevant sections pertaining to third party as well as personal information are reproduced herein below:-
2. Definitions.--In this Act, unless the context otherwise requires,--
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(n) "third party"' means a person other than the citizen making a request for information and includes a public authority.
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8. Exemption from disclosure of information. --(1) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen,--
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(j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person.
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11. Third party information.--(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: Provided that except in the case of trade or commercial secrets protected by law, disclosure may be allowed if the public interest in disclosure outweighs in importance any possible harm or injury to the interests of such third party.
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19. Appeal.-
xxxx xxxx xxxx xxxx (4) If the decision of the Central Public Information Officer or State Public Information Officer, as the case may be, against which an appeal is preferred relates to information of a third party, the Central Information Commission or State Information Commission, as the case may be, shall give a reasonable opportunity of being heard to that third party."
7. Keeping in view the aforesaid provisions, this Court is of the view that the proper approach to be adopted in cases where personal information with regard to third parties is asked is first to determine whether information sought falls under Section 8(1)(j) of the RTI Act and if the Court/Tribunal reaches the conclusion that aforesaid exemption is not Page 2 of 3 attracted, then the third party procedure referred to in Section 11(1) of the RTI Act must be followed before releasing the information."
The basic protection afforded by virtue of the exemption from disclosure 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 'public interest'.
In the matter at hand the appellant has not succeeded in establishing that the information sought is in larger public interest. It being so, the information is exempt under Section 8(1)(j) of the RTI Act.
The appeal is disposed of accordingly.
BASANT SETH Information Commissioner Authenticated true copy:
(R. L. Gupta) Dy. Registrar/Designated Officer Page 3 of 3