Central Information Commission
Shri M.Suresh Kumar vs Dept. Of Posts, Nellore on 18 August, 2009
Central Information Commission
CIC/AD/A/2009/000789
Dated August 18, 2009
Name of the Applicant : Shri M.Suresh Kumar
Name of the Public Authority : Dept. of Posts, Nellore
Background
1. The Applicant filed an RTI application dt.26.12.08 with the CPIO, DoP, Nellore. He requested for a copy of the application for granting licence submitted by Shri Vengamamba Cable Network, Bucchireddypalem. The CPIO replied on 1.1.09 denying the information u/s 8(1)(j). The Applicant filed an appeal dt.2.2.09 with the Appellate Authority (Copy not in file). The Appellate Authority replied on 23.2.09 rejecting the appeal. The Applicant filed a second appeal dt.26.5.09 before CIC requesting for a copy of the application for granting licence.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for August 18, 2009.
3. Mr. S.V. Siva Prasad, Supdt. of Post Offices, Nellore Divn cum CPIO represented the Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. The Respondent submitted that the Post office only registers the cable TV operator and provides a certificate of registration not a any licence . He also stated that the Post office has no control over the operation of the cable network. He added that the Appellant belongs to the Malleshwari Star TV and Relay programmes and that he has sought the information as a rival cable TV operator. According to the Respondent the certificate of registration given to the operator of the Vengamamba Cable Network is already available with the Appellant and he now wants all the papers submitted by the Vengamamba Network operator for the registration. The Respondent maintained that the information is purely personal in nature and that no public activity or interest is involved in its disclosure to the Appellant. The Commission, after hearing the Respondent, directs the CPIO to invite under Section 11(i) the submission of the third party regarding disclosure of information to the Appellant and to take a decision based on the submission as per provisions of section 11 of the RTI Act. The whole exercise is to be completed by 20th September, 2009. The appeal is accordingly disposed off.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(G.Subramanian) Asst. Registrar Cc:
1. Shri M.Suresh Kumar Sri Malleswari Star T.V & Relay Programmes Housethota Buchireddypalem Nellore 524 305
2. The CPIO & Supdt. of Post Offices Department of Posts Nellore Division Nellore 524 001
3. Shri J.T.Venkateswarlu The Appellate Authority & Director of Postal Services Department of Posts O/o Post Master General Vijayawada 520 010
4. Officer in charge, NIC
5. Press E Group, CIC