Central Information Commission
Mr.Brij Mohan Kohali vs Ut Of Chandigarh on 1 June, 2012
Central Information Commission
Room No.307, II Floor, B Wing, August Kranti Bhawan, Bhikaji Cama Place, New
Delhi110066
Telefax:01126180532 & 01126107254 websitecic.gov.in
Appeal/Complaint : No. CIC/DS/A/2011/003691 AND
CIC/DS/C/2012/000698
Appellant /Complainant : Shri Brij Mohan Kohli,
Chandigarh
Public Authority : Chandigarh Administration, UT
Chandigarh
(Sh. Keshav Chander, Supdt./CPIO &
Sh. Surjit Singh
Law Officer & Sh. Parvesh Kumar, Sr.
Asstt.)
Date of Hearing : 01 June 2012
Date of Decision : 01 June 2012
Facts:
1. Appellant submitted RTI application dated 23 June 2011 before the CPIO, Chandigarh Administration, Chandigarh seeking the complete documents in file no. CRL3483 SC No. 146147 pertaining to property at SCO Site No. 146, Sector24D, Chandigarh.
2. Vide CPIO's Order dated 19 August 2011, CPIO refused to furnish information as the owners of the property denied their consent for disclosure of information under section11 of the Act. .
3. Not satisfied with the reply, Appellant preferred appeal dated 2 September 2011, before the First Appellate Authority.
4. Vide FAA Order dated 20 September 2011, FAA overruled the CPIO's Order and allowed the Appellant to seek complete documents regarding files no. CRL3483 SC No. 146147.
5. Being aggrieved and not being satisfied by the above response of the public authority, the third party namely Shri Brij Mohan Kohli preferred complaint before the Commission.
6. Matter was heard today. Sh. Brij Mohan Kohli appeared along with respondents in person. Sh. Kohli is the third party in this matter and has preferred complaint before the Commission to challenge the order of the FAA vide which the Appeal/Complaint : No. CIC/DS/A/2011/003691 AND CIC/DS/C/2012/000698 order of the CPIO directing nondisclosure of the information pertaining to the third party, to the appellant has been overruled.
Decision notice
7. On perusing the documents on record, Commission notes that the FAA has not provided any reasons for overruling the order of the CPIO and for directing disclosure of the personal information to the RTI applicant namely Sh. Karamjit Singh. FAA has also not recorded any larger public interest while arriving at this conclusion and overruling respect of the submissions of the third party namely Sh. Brij Mohan Kohli vide which Sh. Kohli clearly objected to the disclosure of information relating to himself. Undoubtedly the FAA has erred grievously and appears to have pronounced his orders without due application of mind and without keeping in mind the relevant provisions under the RTI Act. Be it noted that even within the transparency Act the right to privacy and personal information have been placed on a separate footing and are protected under the provisions of Section 8(1)(j), Section 10, Section 11 and Section 19(4) of the Act. The Commission, therefore, closes this case by upholding the order of CPIO and admitting the plea of the third party namely Sh. Brij Mohan Kohli for non disclosure of information pertaining to him as there is no larger interest in disclosure put forth by the information seeker.
8. It is to be noted that his case has been registered as an appeal when infact it is being heard under Section 18 as complaint preferred by third party. Therefore, even though notice was issued in this case bearing No. CIC/DS/A/2011/003691, the Commission order in this matter bears No . CIC/DS/C/2012/000698.
(Smt. Deepak Sandhu) Information Commissioner (DS) Authenticated true copy:
(T. K. Mohapatra) Dy. Secretary & Dy. Registrar Tel. No. 01126105027 Copy to: Appeal/Complaint : No. CIC/DS/A/2011/003691 AND CIC/DS/C/2012/000698
1. Shri Brij Mohan Kohli S/o Lae Shri Roshan Lal Kohli House No. 2101, Sector38C Chandigarh.
2. The CPIO Deputy Estate Officer Estate Office, UT Chandigarh
3. The Appellate Authority Estate Officer Estate Office, UT Chandigarh Appeal/Complaint : No. CIC/DS/A/2011/003691 AND CIC/DS/C/2012/000698