Central Information Commission
Shri G.D. Garg vs National Highways Authority Of India ... on 29 May, 2009
CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/A/2009/000151
Dated, the 29th May, 2009.
Appellant : Shri G.D. Garg
Respondents : National Highways Authority of India (NHAI)
This matter came up for hearing on 12.05.2009 pursuant to Commission's notice dated 15.04.2009. Both parties were present.
2. Appellant's RTI-application dated 29.09.2008 filed before the CPIO, National Highways Authority of India was never replied to. However, the first-appeal of the appellant was decided by the Appellate Authority on 15.12.2008. The second-appeal is against the Appellate Authority's order.
3. The Appellate Authority has declined to disclose the information requested through appellant's RTI-application dated 29.09.2008, which read as follows:-
"4. Details of information requested : Copy of Note for comments / opinion / sanction sent to Finance / Accounts section and Legal / Administrative department by Manager / DGM / GM / CGM / Member Technical Section after meeting on 18/10/2007 and the copy of relevant reply.
5. Period to which the information relates : 18/10/2007 to 27/09/2008."
4. Appellate Authority cited exemptions under Sections 8(1)(a) and 8(1)(h) of the RTI Act in support of his decision not to divulge the requested information.
5. During the hearing, respondents urged that apart from the two exemption Sections cited by the Appellate Authority, this matter also was covered by Section 8(1)(d) of the RTI Act as the arbitration proceeding, in which the respondents are engaged with the appellant, related to respondents' commercial confidence and trade-related information, which if divulged to rivals outside the arbitration AT-29052009-15.doc Page 1 of 2 proceeding, would have effect of irreversibly affecting the respondents' commercial interest and competitive position.
6. Respondents have urged their new ground only now during the hearing. It is not possible for the Commission to make an informed decision in the matter, unless the nitty-gritty of the requested information is fully analyzed by the parties in the light of the averments now made. This is best done at the level of the Appellate Authority, who being the senior most RTI official closest to the point where all records are held in the proceedings, can take an objective view regarding whether the information actually attracted Section 8(1)(d).
7. Accordingly, matter is remitted back to the Appellate Authority, Shri K.S. Money, Member (Admn) with the direction that within one month of the receipt of this order, he shall decide the matter, after giving a hearing to the appellant and the holder of the information, regarding whether disclosure of the information is barred by Section 8(1)(d) of the Act.
8. Appeal disposed of with these directions.
9. Copy of this direction be sent to the parties.
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