Central Information Commission
Srinivasulu Chetty vs National Highways Authority Of India ... on 29 September, 2021
CIC/NHAIN/A/2019/660222
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
ि तीय अपील सं ा/ Second Appeal No. CIC/NHAIN/A/2019/660222
In the matter of:
Srinivasulu Chetty ... अपीलकता/Appellant
VERSUS
बनाम
CPIO, ... ितवादीगण /Respondent
/Project Director, National Highways
Authority of India, Project Implementation
Unit-Hyderabad, Qtr. no. 25A & 28A,
Administrative Staff College of India(ASCI),
College Park Campus, Road no.3, Banjara
Hills, Hyderabad -500034
Relevant dates emerging from the appeal:
RTI Application filed on : 27.08.2019
CPIO replied on : 01.10.2019
First Appeal filed on : 20.10.2019
First Appellate Authority order : 13.11.2019
Second Appeal received on : 18.12.2019
Date of Hearing : 28.09.2021
The following were present:
Appellant: Shri Srinivasulu Chetty participated in the hearing through video
conferencing from NIC Chikkaballapura.
Respondent: Shri P. Nageshwara Rao, CPIO and Project Director, PIU-Hyderabad
participated in the hearing through video conferencing from NIC Hyderabad.
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CIC/NHAIN/A/2019/660222
ORDER
Information sought:
The Appellant filed an RTI Application dated 27.08.2019 seeking information as under:Page 2 of 7
CIC/NHAIN/A/2019/660222 Page 3 of 7 CIC/NHAIN/A/2019/660222 Shri M. K. R. Kiran, PIO & Project Director, PIU-Hyderabad vide letter dated 01.10.2019, denied information u/s 8(1)(j) of the RTI Act to the Appellant. Being dissatisfied, the Appellant filed a First Appeal dated 20.10.2019. The First Appellate Authority vide order dated 13.11.2019, upheld the CPIO's reply.
Grounds for Second Appeal:
The Appellant filed a Second Appeal u/s 19 of the Act on the ground that information sought at point no. 1 of the RTI application is required and further requested to filter the information of only the vehicle registration details of POLICE vehicles that are "exempted" from Kurnool/Andhra Pradesh side heading towards Mahbubnagar/Telangana side through PULLUR TOLLPLAZA located at Km 200.95 on NH-44 of Telangana from the hour 08:00 am to 03:00 pm on the date 28.12.2017, since this activity is having relationship to both public activity and public interest as well as human rights violation.
Submissions made by Appellant and Respondent during Hearing:
The Appellant stated that he is not satisfied with the reply provided by the Respondent. He further stated that he is a senior citizen and an Advocate by vocation. He furthermore stated that he was abducted by 5-6 goondas from his residence on 28.12.2017 in a Toyota Innova car/vehicle. He claimed that the information sought is in the larger public interest and he wants to know the movements of all the vehicles passing through the Pullur tollplaza on 28.12.2017 between 0800 hrs to 1500 hrs. Upon queried by the Commission to substantiate his averment as to how the said information is in the interest of larger public, the Appellant reiterated the same facts as narrated above. Upon further queried by the Commission as to how he has obtained a copy of IHMCL's transaction report comprising details of vehicle class, AVC class, vehicle number, method of Page 4 of 7 CIC/NHAIN/A/2019/660222 payment, method details and fare etc. concerning to Bagepalli tollplaza for the shift dated 28.12.2017, he reluctantly avowed that he has obtained the said transaction report through a different source, without mentioning any further details.
The Respondent submitted that the Appellant has sought information pertaining to vehicles passing/crossing through Pullur tollplaza alongwith CCTV camera footages, which is exempt under Section 8(1)(j) of the RTI Act. He further submitted that the Commission in its earlier orders/decisions vide Second Appeal file no. CIC/YA/A/2014/002976 decided on 16.09.2015 and Second Appeal file no. CIC/NHAIN/A/2018/103613 decided on 26.06.2019, has upheld the stance of the Respondent.
Decision:
Upon perusal of the facts on record as well as on the basis of the proceedings during the hearing, the Commission observes that the information sought by the Appellant is not in the interest of larger public, in fact, the same is in personal interest, because the Appellant has clearly averred in his Second Appeal that he was arrested by a Police team from Malakpet Police Station, whereas during the hearing, he has averred that he was abducted by 5-6 goondas, which is contradictory in nature. The Commission further observes that the Appellant has again made it clear in his Second Appeal that the said arrest was in pursuance to a complaint filed by his daughter-in-law vide Crime/FIR no. 273/2017 before the Malakpet Police Station on 20.12.2017, in pursuance of which penal proceedings has been initiated vide CC No. 345/2018 which is pending adjudication before the Hon'ble VIIth Additional Chief Metropolitan Magistrate, Nampally, Hyderabad. Keeping in view the facts and circumstances mentioned above, the Commission notes that the Appellant has sought details of CCTV footages of all the vehicles as Page 5 of 7 CIC/NHAIN/A/2019/660222 well as their movements passing/crossing through Pullur tollplaza. The Commission opines that divulging said information would breach the privacy of the concerned third parties. Hence, the said information has been appropriately denied by the Respondent under Section 8(1)(j) of the RTI Act and the same is being upheld. The Commission finds no further scope of intervention in the instant matter.
With the above observations, the instant Second Appeal is disposed of. Copy of the decision be provided free of cost to the parties.
The Appeal, hereby, stands disposed of.
Amita Pandove(अिमता पांडव)
Information Commissioner(सूचना आयु )
िदनांक / Date: 29.09.2021
Authenticated true copy
(अिभ मािणत स ािपत ित)
B. S. Kasana (बी. एस. कसाना)
Dy. Registrar (उप-पंजीयक)
011-26105027
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CIC/NHAIN/A/2019/660222
Addresses of the parties:
1. The First Appellate Authority (FAA)
Regional Officer, National Highways
Authority Of India Regional Office-
Hyderabad, First Floor,New Building,
Administrative Staff College Of India
(Asci),College Park Campus,
Road No. 3, Banjara Hills,
Hyderabad - 500034
2. The Central Public Information Officer
/Project Director, National Highways
Authority Of India, Project Implementation
Unit-Hyderabad, Qtr. No. 25A & 28A,
Administrative Staff College Of India(ASCI), College Park Campus, Road No.3, Banjara Hills,Hyderabad -500034
3. Shri Srinivasulu Chetty Page 7 of 7