Central Information Commission
Mr.Rajender K.Ramchandani vs Bsnl, Kalyan on 12 February, 2009
Central Information Commission
CIC/AD/A/09/00061
Dated February 12, 2009
Name of the Appellant : Mr.Rajender K.Ramchandani
Name of the Public Authority : BSNL, Kalyan
Background
1. The Appellant filed an RTI request dt.20.8.08 with the CPIO, BSNL, Kalyan.
He requested for the following information for the period Jan. 2007 till date:
i) certified copy of list of subscribers of BSNL Ulhasnagar city who are having Broadband/Internet Service users (Residential & Commercial) along with date of application & date of allotment/activation.
ii) list of Broadband/Internet service users of Ulhasnagar city who have surrendered / close the Broadband service along with closing date (Residential & Commercial) The CPIO replied on 25.8.08 stating that since the disclosure would harm the competitive position of the Company and there is no compelling public interest in requesting for such information, the same is denied under Section 8(1)(d) of the RTI Act. Not satisfied with the reply, the appellant filed an appeal dt.1.9.08 with the Appellate Authority. The Appellate Authority replied on 20.9.08 upholding the decision of the CPIO. The Appellant filed a second appeal dt.24.9.08 before the CIC.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the hearing for February 12, 2009.
3. Mr. V.S. Kothalkar, DGM, BSNL (HQ) & Kalyan & CPIO and Mr. V.N. Savadekar, AGM(Admn.), BSNL, Kalyan represented the Public Authority.
4. The Appellant was not present during the hearing.
Decision
5. The Commission, after hearing the submissions put forth by the respondents, is of the opinion that the information sought by the appellant includes commercial confidence and is also third party information. In view of the fact that the numbers of third party are in thousands and that getting the submission of all the third parties under section 11(1) would disproportionately divert the resources of the public authority [section 7(9)], the Commission, accordingly, upholds the decision of the CPIO and denies the disclosure of information under Section 8(!) (d).
6. The appeal is disposed off.
(Annapurna Dixit) Information Commissioner Authenticated true copy:
(K.G.Nair) Designated Officer Cc:
1. Mr.Rajender K.Ramchandani 302 Sai Ujala Apt. Chopda Court Road Ulhasnagar 421 003
2. The CPIO & Dy. General Manager (HQ) Bharat Sanchar Nigam Limited Kalyan Telecom District 2nd Floor, Telephone Bhavan Kala Talav Kalyan (West) 421 301
3. The Appellate Authority & The Principal General Manager Bharat Sanchar Nigam Limited Kalyan Telecom District 2nd Floor, Telephone Bhavan Kala Talav Kalyan (West) 421 301
4. Officer in charge, NIC
5. Press E Group, CIC