CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No. CIC/DS/A/2010/000249/LS
Appellant : Shri Arun Kr. Misra
Public Authority : BSNL Faizabad
Date of Hearing : 22-10-2010
Date of Decision : 22-10-2010
FACTS
:
The matter is called for hearing today dated 22.10.2010.
Appellant present. The Department is represented by Shri V. S. Seth,
AGM.
2. It is noticed that vide RTI application dated 10.8.2009, the
appellant had requested for information on 5 paras regarding the
installation of BSNL tower at village Rani Bazar, Tehsil Sohawal,
District Faizabad and the matters related therewith. The CPIO vide
letter dated 1.9.2009, the CPIO had provided information regarding
paras 1 and 2 but had refused to disclose information regarding para
3, 4 and 5 on the ground that this information related to third party.
On appeal, the Appellate Authority had affirmed the decision of
CPIO.
3. Shri Seth submits a copy of the objection filed by the third
party against disclosure of requested information. The same is taken
on record.
4. During the hearing, the appellant pleads that BSNL is a
Governmental agency and has spent Government money on the
installation of tower. Besides, rental is being paid to the owner of the
property from Government funds. Hence, the entire matter falls in
public domain and, therefore, he is entitled to seek information
regarding para 3, 4 and 5.
5. Admittedly the tower has been installed in the property of third
party as per contract entered into between BSNL and the third party.
BSNL is paying rental to the third party out of Government funds.
Hence in our opinion, the entire matter falls in public domain. The
information is disclosable in the larger public interest.
6. In the premises, we set aside the order of CPIO and Appellate
Authority and direct the CPIO to provide information regarding paras
3, 4 and 5 of the RTI application to the appellant. However, we
clarify that Bank Account number of the property owner need not be
disclosed.
7. The order of the Commission may be complied with in 03
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)
Assistant Registrar
Address of parties :-
1. Shri Arun Kuamr Mishra
Raja Sahab Niwas,
Rani Bazar,
Faizabad,
Uttar Pradesh.
2. The Asstt. General Manager (Plg.) & CPIO
BSNL, O/o General Manager,
Faizabad-2240001,
Uttar Pradesh
3. The General Manager (Plg.) & AA
BSNL, O/o General Manager,
Faizabad-224001,
Uttar Pradesh