Central Information Commission Judgements

Mr.Mahesh Machapalli vs Bsnl, Hyderabad on 6 May, 2009

Central Information Commission
Mr.Mahesh Machapalli vs Bsnl, Hyderabad on 6 May, 2009
                Central Information Commission
                                                             CIC/AD/A/09/00455

                                                                Dated May 6, 2009

Name of the Appellant                  :   Mr.Mahesh Machapalli

Name of the Public Authority           :   BSNL, Hyderabad

Background

1. The Appellant filed his RTI application dt.22.2.08 with the CPIO, BSNL,
Hyderabad. He requested for the following information:

i) details of all calls (STD & Local) made from Tel.No.08565 241462
between 18.07 and 25.12.08.

ii) details of all calls (STD & Local) received from Tel.No.08565 241462
between 18.07 and 25.12.08.

The ACPIO replied on 7.1.09 stating that information sought relates to third
party, the disclosure of which may cause unwarranted invasion of his privacy.
Also it is not associated with any public activity or interest and is held under
fiduciary relationship. Therefore, the information sought is exempted u/s
8(1)(e) and 8(1)(j) of the Act. The applicant filed an appeal dt.9.2.09 with
the Appellate Authority stating that he and his aged mother has been falsely
accused in a criminal case of Dowry harassment and in another criminal misc.
case under the Protection for Women from Domestic Violence Act. He also
enclosed the FIR Copy of the Dowry harassment case & the application under
Domestic Violence Act. He added that in her complaint his wife has alleged
that she was not allowed to contact her parents. But in reality, she was
contacted by her parents many number of times using the Phone No.08565
241462 and 9441848663. He also added that these two nos. belong to the
parents of the complainant(his wife) . He wanted this information to disprove
her statements and to prove his innocence in the Hon’ble Courts. The
Appellate Authority replied on 17.2.09 upholding the decision of the CPIO.
Aggrieved with the decision, the Applicant filed a second appeal dt.16.3.09
before CIC.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing on May 6, 2009.

3. Both the Appellant and the Respondent were absent at the hearing.

Decision

4. The Commission denies the information under Section 8(1)(j) of the RTI Act
since disclosure of call details would cause unwarranted invasion of the
privacy of the third party.

5. The appeal is disposed off.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G.Subramanian)
Asst. Registrar

Cc:

1. Mr.Mahesh Machapalli
Cognizant Technology Solutions
India Pvt. Ltd
#45, Golf View Campus
NAL Wind Tunnel Road
MurugeshPalya
Bangalore 560 017

2. Mr.M.Sambasiva Rao
The ACPIO &
AGM (Legal)
Bharat Sanchar Nigam Limited
O/o Chief General Manager Telecom
A.P. Circle
Hyderabad 500 001

3. The Appellate Authority &
Chief General Manager Telecom
Bharat Sanchar Nigam Limited
O/o Chief General Manager Telecom
A.P.Circle
Hyderabad 500 001

4. Officer in charge, NIC

5. Press E Group, CIC