Information related to various promotional SMSs sent by BSNL to pre-paid consumers & details of companies from which BSNL has tied up for such schemes etc were denied u/s 8(1)(d) - CIC: provide information as per guidelines on suo motu disclosure u/s 4
The appellant through his RTI application had sought information related to various promotional/scheme SMSs sent by the BSNL to pre-paid consumers and deducting some amount even without approval of the consumers. He wants to know details of companies from which BSNL has tied up for such schemes, their names, contract details, amount of deduction, benefit to the BSNL etc. for the period from 01/04/2009 to 31/03/2013.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present
Appellant: Mr. Nandlal Vyas through VC
Respondent: Mr. Pankaj Bhandari CPIO through VC
The appellant stated that the respondent have not provided the complete information claiming exemption under Section 8(1)(d) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; of the RTI Act whereas in terms of the DoPT guidelines contained in circular no. 1/6/2011-IR, dated 15/04/2013 all government departments have been directed to display certain information relating to procurement on their website. The CPIO stated that he is not the custodian of the information and the concerned CPIO is the DGM NWO-II O/o PGMTD, Jaipur.
The CPIO is directed to furnish the information relating to companies providing ‘value added services’ to the subscribers of BSNL Jaipur Circle as mandated in para 1.1 (1.1.1) of the ‘Guidelines on suo motu disclosure under Section 4 of the RTI Act’ annexed to the DOPT circular dated 15/04/2014 to the appellant within 30 days from the date of receipt of this order.
The appeal is disposed of accordingly.
Citation: Mr. Nandlal Vyas v. BSNL in File No. CIC/BS/A/2013/001552/5773