CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/LS/A/2011/000052
Appellant : Shri Ram Shanker Ayodhya Prasad
Public Authority : MTNL, Mumbai.
Date of hearing : 26.07.2011
Date of Decision : 17.10.2011
Facts
:-
The matter was called for hearing on 26.07.2011. The parties did not appear
before the Commission. Hence, the matter is being decided on the basis of records.
2. I have gone through the material on record and find that the appellant had sought
certain information from MTNL which was denied on the basis of objection filed by third
party under section 11(1) of the RTI Act. The appellant had, then, requested for a copy
of the impugned letter of the third party. This information was denied to him by PIO vide
letter dated 23.8.2010 under section 8(1)(j) of the RTI Act.
3. In my opinion, view taken by the CPIO is not correct. I guess, that all that the
letter of the third party would contain is the reasons for denial of requested information.
This letter would not be containing any secret information. This is an innocuous
information and supply thereof to the appellant is not likely to cause any prejudice to the
third party. In the premises, invocation of clause (j) of section 8(1) cannot be said to be
valid in law.
4. In the premises, the order of the CPIO is set aside and he is hereby directed to
supply a copy of the third party’s letter to the appellant.
5. This order may be complied with in 04 weeks time.
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 )
Deputy Registrar
Address of parties :-
1. The GM(North) & CPIO, MTNL, o/o the AGM(OP)
North, 2nd Floor, Wadala Tele. Exch. Bldg.,
GD Ambedkar Marg, Dadar(E), Mumbai-14.
2. Shri Ram Shanker Ayodhya Prasad,
Room No.2, ghanshyam Das Chawl, Sant Ravidas Marg,
Kala Killa, Dharavi, Mumbai-400017.