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Mr.Paras Nath Singh vs Ministry Of Home Affairs on 28 October, 2011

                                                                 Appeal No.CIC/SS/A/2011/000938




                  CENTRAL INFORMATION COMMISSION
                             B- Wing, 2nd Floor,
                  August Kranti Bhavan, Bhikaji Cama Place,
                             New Delhi - 110066


                                              Appeal No.CIC/SS/A/2011/000938

PARTIES TO THE CASE:

Appellant                :      Shri Paras Nath Singh
Respondent               :      Ministry of Home Affairs
Date of Hearing          :      13/10/2011
     ORDER

1. The Appellant through his RTI Application dated 24/02/2011 had sought certain information pertains to phone tapping i.e. number of phones tapped between the years 2005 to 2010, names of persons whose phones were tapped, facts and reasons for phone tapping etc.

2. The CPIO vide his reply dated 29/03/2011 has denied the information on point no. 1 to 3 & 5 to 7 by relying on sections 8 (1) (a), (g) and (h) of the RTI Act, 2005. Subsequently the First Appellate Authority (FAA) upheld the decision of the CPIO with disagreement on point no. 1 of the RTI application i.e. regarding total number of phones tapped. The FAA held that "the average number of telephone tapped per year has been provided/indicated during parliamentary debates as well as in the Courts the 1 Appeal No.CIC/SS/A/2011/000938 said average annual number of 2010 and for other previous sought by the applicant (if available) may be provided."

3. The Commission has considered the submissions made by both the parties.

The Commission is of the view that the Order of the FAA is in line with letter and spirit of the RTI Act and this Commission finds no reason to disagree with the order passed by the FAA. The CPIO has complied with the orders of the FAA and provided the information to the appellant vide letter dated 25.05.2011.

4. Hence the order of the FAA is upheld and the appeal is dismissed.

(Sushma Singh) Information Commissioner 28.10.2011 Authenticated True Copies (D.C Singh) Deputy Registrar Name & Address of Parties:

Sh. Paras Nath Singh,  H. No. S/13, Banna Devi GT Road,  Aligarh - 202 001, U.P. The Director (IS.I) & CPIO,  Ministry of Home Affairs, North Block,  New Delhi - 110 001 2 Appeal No.CIC/SS/A/2011/000938 The JS (IS­I) & First Appellate Authority,  Ministry of Home Affairs, North Block,  New Delhi - 110 001 3