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CENTRAL INFORMATION COMMISSION
Room No.308, B wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
Appeal No. CIC/WB/A/2008/00068
Appellant: Shri Goleng Monpa
Public Authority: Boarder Roads Task Force,
Tenga Valley, Bomdilla
(through Shri A.S. Malik,
Senior Administrative Officer)
Date of Hearing: 06/10/2009
Date of Decision: 06/10/2009
FACTS
:-
Vide his RTI application dated 25/09/2007, the Appellant had sought the
following information from CPIO:-
“1. No. and year wise of enlisted contractors and firms of various
categories with registration No. and date of registration under 14
BRTF from Tawang and West Kameng Districts, Arunachal Pradesh.
2. Name and address of contractors, name and address of firms and its
proprietors.
3. Year wise details of names of works awarded to the registered
contractors/firms with amount (firm/contractor wise).
4. Certified copies of experience certificate issued to above firms.”
2. The CPIO had refused to disclose this information vide his letter dted 05/09/2007
on the ground that Boarder Roads Task Force has been exempted by the Central
Government vide notification dated 25/09/2005 issued by the Ministry of Personnel,
Public Grievances and Pensions.
3. It appears that the appellant did not file the first Appeal and has moved the
Commission straightaway.
4. Heard on 06/10/2009. Appellant not present. The public authority is represented
by the officer named above. It is the submission of Shri Malik that no information is
disclosable by virtue of notification issued by the Ministry of Personnel, Public
Grievances and Pensions. He would further submit that if the requested information is
disclosed, there is every likelihood of money being extorted from the contractors whose
names are disclosed in pursuance of the RTI request.
5. The appellant is not present before us to contest this claim.
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DECISION
6. The plea of Shri Malik regarding non-disclosability of information on the ground
of the organisation being a notified one is not sustainable inasmuch as, in our view, only
that information is exempt from disclosure which relates to functional/operational aspects
of the organization. The information sought by the appellant does not fall in this category
as it essentially relates to the identity of the contractors to whom contracts etc. have been
awarded. However, his second plea appears to have lot of force inasmuch as, given the
prevailing law and order situation in the North-Eastern states, including the State of
Arunachal Pradesh, the possibility of the requested information being misused for
extortion purposes cannot be ruled out. Hence, in the given situation, it appears to us that
the information can be legitimately denied under clause (g) of section 8(1) of the RTI
Act.
7. In this view of the matter, the Appeal is dismissed, being bereft of merit.
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
Tele: 011 2671 73 53/Fax: 011 2610 62 76
Copy to:-
(1) Shri Goleng Monpa,
Tawang INN,
Nehru Market Tawang,
Arunachal Pradesh-790104.
(2) The Appellate Authority,
Headquarters Chief Engineer,
Project Vartak, C/o 99 APO.
(3) Shri S.B. Chatterjee,
Senior Administrative Officer,
HQ-14, Border Roads Task Force,
C/o 99 APO.
(4) Major Manisha Gahlot
GSO 1 (Legal) for DDG RTI
ADG PI, G-6, D-1 Wing, Sena Bhawan,
Gate No.4, IHQ of MOD (Army)
New Delhi-110011.
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