Central Information Commission Judgements

Mr. Ramesh Arora vs Bsnl, Moradabad. on 7 September, 2009

Central Information Commission
Mr. Ramesh Arora vs Bsnl, Moradabad. on 7 September, 2009
             Central Information Commission
                                                       CIC/AD/A/2009/001003/AD

                                                          Dated 7 September, 2009

Name of the Applicant                     :    Mr. Ramesh Arora


Name of the Public Authority              :    BSNL, Moradabad.

Background

1. The Applicant filed his RTI application on 24.1.09 with the CPIO, BSNL,
Moradabad requesting for the top-up connection mobile numbers of the
retailers who were working under the company who was taken on as a
franchise by BSNL, Moradabad. The CPIO replied on 3.3.09 denying the
information under Section 8(1)(j) of the RTI Act as personal information. Not
satisfied with the reply, the Applicant raised 7 questions requesting for further
clarification on why he was being denied the information. The Appellate
Authority in his Order dated 25.4.09, stated that the Applicant had not turned
up for a meeting after being given an appointment. He requested the
Applicant to meet him again on 29.4.09. Aggrieved with this reply, the
Applicant filed a second appeal before the CIC on 10.7.09 reiterating his
request for the information.

2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled the
hearing on 7 September, 2009

3. Mr. Ravindra Singh, CPIO and Mr. Akhilesh Sharma, AGM(A) & APIO
represented the Public Authority.

4. The Applicant, Mr. Ramesh Arora and his representative Mr. Sachin Aggarwal
were present during the hearing.

Decision

5. The Respondent submitted that the phone no. of retailers cannot be disclosed
as the disclosure would adversely affect the business of the retailers and rival
companies would get hold of the customers thus proving detrimental to the
business. The Appellant stated that he did not get a satisfactory reply to his
query about why the information has been denied under Section 8(1)(e) of the
RTI Act 2005. He requested for information against the points raised in his
First appeal.

6. The Commission, after hearing both sides denies disclosure about the top-up
connection mobile numbers of the retailers under the provisions of 8 (1)(e) of
the RTI Act 2005 since the disclosure would affect the competitive position of
both the retailers and the BSNL and directs the CPIO to provide point wise reply
to the First Appeal, by 05.10.09.

7. The appeal is accordingly disposed of.

(Annapurna Dixit)
Information Commissioner
Authenticated true copy:

(G. Subramanian)
Assistant Registrar

Cc:

1. Mr. Ramesh Aroara,
Uttar Pradesh Congress,
Sewa Dal Niwasi – EK Minar Masjid,
Buddh Bazar, Moradabad,

2. The CPIO
Bharat Sanchar Nigam Limited,
O/o the G.M. Telecom District,
Moradabad District,
Moradabad.

3. The Appellate Authority
Bharat Sanchar Nigam Limited,
O/o the G.M. Telecom District,
Moradabad District,
Moradabad.

4. Officer in charge, NIC

5. Press E Group, CIC