Central Information Commission Judgements

Mr. Prem Prakash vs Bsnl, New Delhi on 24 November, 2009

Central Information Commission
Mr. Prem Prakash vs Bsnl, New Delhi on 24 November, 2009
             Central Information Commission
                                                        CIC/AD/A/2009/001401

                                                      Dated 24th November, 2009



Name of the Applicant                    :   MR. PREM PRAKASH


Name of the Public Authority             :   BSNL, NEW DELHI

Background

1.    The Applicant filed his RTI request on 18.06.09 with the PIO / Rajasthan
      Telecom Circle Jaipur requesting for information against 8 points and seeking
      certified copies of various letters.


2.    The PIO replied on 14.07.09 stating that the information sought against
      points 3 to 5 pertain to Mr.P D Chirania, DGM(F), Rajasthan Circle and are
      exempt from disclosure under Section 8(1)(j) of the RTI Act, 2005 as the
      disclosure would cause unwarranted invasion of the privacy of the individual.
      Being aggrieved with the reply, the Applicant filed a First Appeal on 30.07.09
      stating that what has been asked by him is not personal information but are
      the copies of Department of BSNL's ordes connected with Departmental
      officers and are not secret and in no way can be taken as invasion of the
      privacy of the individual. He accordingly requested for the information. The
      Appellate Authority replied on 08.09.09 reiterating the reply of PIO. Not
      satisfied with the reply from the Appellate Authority, the Appellant filed a
      Second Appeal before the CIC on 23.09.09 requesting for information against
      points 3, 4 & 5.


3.    The Bench of Mrs. Annapurna Dixit, Information Commissioner scheduled the
      hearing on 24th November, 2009
.

4. Mr. Joginder Singh, AGM(RTI) & APIO represented the Public Authority.

5. The Applicant was present during the hearing.
Decision

6. The Respondent submitted that while initially information was denied as
personal information, after the Second Appeal was filed, the information
against points 3,4,and 5 was furnished to the Appellant on 17.11.09. Since
the Appellant stated that he did not receive the information, the CPIO
handed over certified copies of 3 letters against the above mentioned 3
points once again to the Appellant in the presence of the Commissioner. The
appeal is accordingly disposed off.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G. Subramanian)
Assistant Registrar

Cc:

1. Mr. Prem Prakash
A-116, Kamla Nehru Nagar,
IInd Extension,
Opp. Somani Commerce College
First Pulia Chopasani Road
Jodhpur, Rajasthan.

2. Shri Suresh Kumar
The CPIO
BSNL, A-703, Statesman House
B-148, Barakhamba Road
New Delhi.

3. Shri Rajvir Sharma
The Appellate Authority
BSNL, A-703, Statesman House
B-148, Barakhamba Road
New Delhi.

4. Officer in charge, NIC

5. Press E Group, CIC