Central Information Commission
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CIC/AD/A/2009/001026
Dated: 9 September 2009
Name of the Applicant : Ms. Tripta Narang
Name of the Public Authority : M/o Communication, New Delhi.
Background
1. The Applicant filed her RTI application on 02.04.09 with the CPIO,
National Informatics Centre Services Inc., New Delhi requesting for the
month wise list of departments and organizations with Government of
NCT of Delhi, to whom NICSI has sold the Licensed copies of the
Microsoft Office from 01.01.05 till date, along with name of procurement
officer and the number of licenses sold. The CPIO replied on 06.04.09.
The CPIO denied the information stating that it relates to commercial
confidence and trade secrets. Aggrieved with this reply, the Applicant
filed an appeal before the Appellate Authority on 20.4.09 stating that
she has checked the legality of her query with legal experts and it is the
view of these experts that the query is well within the ambit of the RTI
Act, 2005. The Appellate Authority, in his Order dated 20.4.09, upheld
the decision of the CPIO and denied the information. Being aggrieved
with this reply, the Applicant filed her second appeal before the CIC on
13.7.09 reiterating her request for the information.
2. The Bench of Mrs. Annapurna Dixit, Information Commissioner, scheduled
the hearing on 9 September, 2009.
3. Mr. Shiv Kumar, DGM & CPIO represented the Public Authority.
4. The Applicant was not present during the hearing.
Decision
5. The Respondent submitted that the National Informatics Centre Services
facilitates Government Departments in finding ICT solutions and in the
process empanels ICT vendors to provide services to Government
Departments. He stated that the Centre makes bulk purchases of
software for Government Departments and provides services at a lower
rate than others. According to him any disclosure of information related
to the clients to whom NICSI has sold the licensed copies of Microsoft
Office, will give an opportunity to the rival Companies to influence those
receiving services from NICSI. The Commission, on review of the
documents provided and based on the Respondent’s submission denies
the information under Section 8(1)(d) of the RTI Act as any disclosure
would adversely affect the competitive position of NICSI and the retailers
and accordingly disposes off the appeal.
6. The appeal is accordingly disposed off.
(Annapurna Dixit)
Information Commissioner
Authenticated true copy:
(G. Subramanian)
Assistant Registrar
Cc:
1. Mr. Tripta Narang,
B-130, Lower Ground Floor,
Malviya nagar,
New Delhi-110017.
2. The CPIO
National Information Centre services Inc,
Hall No.2&3, 6th Floor,
NBCC tower, 15 Bhikaji Cama Place,
New Delhi.
3. The Appellate Authority
National Information Centre services Inc,
Hall No.2&3, 6th Floor,
NBCC tower, 15 Bhikaji Cama Place,
New Delhi.
4. Officer in charge, NIC
5. Press E Group, CIC