CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New
Delhi-110066
File No. CIC/DS/C/2010/000138/LS
Appellant Shri Hari Shankar Gupta
Public Authority BSNL, Kanpur
Date of hearing 27.10.2010
Date of decision 27.10.2010
Facts
:-
Heard today dated 27.10.2010. Appellant not present. The BSNL is
represented by Shri Amit Kumar Srivastav, Dy.GM.
2. It is noticed that an unknown person had made two calls late at the dead
of night of 21.6.2009 from mobile No. 9455713825 to his mobile No.
9415278713. The appellant had requested for the identity of the caller through
the RTI application. This information was denied to him. Hence, he has filed the
present appeal.
3. Shri Srivastav submits that the requested information has not been
provided as it impinges on the privacy of the caller.
4. It is to be noted that while the right to privacy is sacrosanct it is not an
absolute right. Considerations of safety, security and convenience of the called
party are also relevant considerations. The caller had made two calls at midnight
to the appellant. These calls may impinge on the appellant’s security. In any
case, these unwanted calls caused nuisance to the appellant. In the
circumstances, we are of the opinion that it will be in the larger public interest to
disclose the requested information. Hence, the order of the CPIO is set aside and
he is hereby directed to disclose the identity and address of the caller. No proof
for the above needs to be provided to the appellant.
Sd/-
(M.L. Sharma)
Central Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied
against application and payment of the charges, prescribed under the Act, to the
CPIO of this Commission.
( K.L. Das )
Assistant Registrar
Address of parties :-
1. The Deputy General manager(Admn.) & CPIO,
BSNL, Kanpur, Uttar Pradesh.
2. Dr. Hari Shankar Gupta,
Campus UHM, District Male Hospital,
Kanpur Nagar, UP-208001.