Central Information Commission Judgements

Shri U. Srinivas vs Bharat Sanchar Nigam Ltd. on 24 September, 2008

Central Information Commission
Shri U. Srinivas vs Bharat Sanchar Nigam Ltd. on 24 September, 2008
                      Central Information Commission
                            2nd Floor, August Kranti Bhawan,
                         Bhikaji Cama Place, New Delhi-110066
                                 Website: www.cic.gov.in

                                                           Decision No. 3328 /IC(A)/2008

                                                              F. No. CIC/MA/A/2008/01131

                                                         Dated, the 24th September, 2008

Name of the Appellant                :       Shri U. Srinivas

Name of the Public Authority         :       Bharat Sanchar Nigam Ltd.
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Facts

:

1. The appellant did not avail of the opportunity of personal hearing on
24.09.2008. The appeal is therefore examined on merit.

2. The appellant, vide his application dated 27.03.2008, has asked for the
following information:

“Details of payment made to M/s Crompton Greaves Ltd., Bangalore, under
the NCES contract for the financial years 2002-03 to 2007-08, including
Cheque Nos, and TDS details, with certified copies.”

3. The CPIO has duly replied and informed him that the information relating to
the payment released to the Company in question is available in fiduciary capacity
and that no public interest would be served by disclosure of this information. Hence,
denied u/s 8(1) (e) & (j) of the Act. Being not satisfied with the CPIO’s reply, the
appellant has pleaded for providing the information asked for by him.

Decision:

4. The payment released to any Company on account of the services provided
under any contractual agreement cannot be treated as information maintained under

If you don’t ask, you don’t get – Mahatma Gandhi

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fiduciary capacity, as all the payments are made as per the contractual obligation for
the services rendered by the service providers. And, all the details of such account
should be placed in public domain for scrutiny by any citizen. Therefore, denial of
information relating to the payment made to the Company in question u/s 8 (1) (e) &

(j) of the Act is untenable. The CPIO is therefore directed to furnish the information
asked for within 15 working days from the date of issue of this decision.

5. The appeal is thus disposed of.

Sd/-

(Prof. M.M. Ansari)
Central Information Commissioner

Authenticated true copy:

(M.C. Sharma)
Assistant Registrar

Name and address of parties: 2

1. Shri U. Srinivas, ΒΌ, Sadananda Nagar Road, Opp. ESI Dispensary,
Krishnaiahna Palya, Bangalore-560038.

2. Shri M. Sambasiva Rao, ACPIO & AGM (Legal), BSNL, o/o the CGMT, A.P.
Circle, Hyderabad-5000001.

All men by nature desire to know – Aristotle
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