Appellant contended that the information supplied under certain queries is false - Respondent: appellant has not specified on what basis he has reached the conclusion - CIC: provide a copy of the said certificate after applying severability u/s 10
The appellant through 08 queries had sought information regarding compliance of rules/regulations (Tariff) of TRAI by DTH Provider Videocon. Provide details. Which rules/regulations (Tariff) Videocon is following word to word, provide details. Which Article and which rules DTH Provide Videocon is following, provide separate details. Also related to compliance of department/ministries rules, notification and orders are being complied with by DTH Provider Videocon and provide name of the concerned ministry/department. How many DTH Provider companies have appealed before TDSAT against the Government of India and other related information.
Grounds for the Second Appeal:
The information desired has not been given.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Absent Respondent: Mr. V K Saxena CPIO, Mr. Tarun Kumar CAPIO, Mr. C P Sharma, Mr. Amit Sharma, Mr. Pitambar Sahoo
The appellant was given an opportunity to participate in the hearing, however, he is absent. The CPIO stated that the information requested by the appellant in his RTI application dated 16/10/2012, as available on record, has been provided vide letter dated 16/11/2012 and the reply has been upheld by the FAA vide order dated 14/02/2013 He further stated that it can be seen from the appellant’s 2nd appeal to the Commission that he is contending that the information supplied under queries 1, 2 & 3 is false but has not specified on what basis he has reached the conclusion. The CPIO explained that all DTH service providers are required to comply with licensing conditions & the TRAI regulations and have to submit a compliance certificate on quarterly basis portions of which contain confidential information about the service provider which is exempt from disclosure to third party under Section 8(1)(d)&(j) of the RTI Act. However, for transparency purposes they are prepared to provide a copy of the said certificate after redacting the exempt portions in terms of Section 10 of the RTI Act.
As agreed by the CPIO the information as above should be supplied to the appellant within 15 days from the date of receipt of this order. The appeal is disposed of accordingly.
Citation: Mr. Mahendra Kumar v. Telecom Regulatory Authority of India in File No. CIC/BS/A/2013/001078/5334