Information relating to Machenahalli Telephone Exchange sought by ex CAO - PIO: voluminous information covering a period of 12 years - Appellant expressed apprehension of loss of revenue to BSNL due to under billing - CIC: provide copies of sample bills
29 Nov, 2013Information relating to Machenahalli Telephone Exchange sought by ex chief accounts officer - PIO: voluminous information covering a period of 12 years compiling of which would disproportionately divert the resources of the public authority - certain information like revenue is of commercial confidence and cannot be disclosed - Appellant: telephone exchange is spread over two locations, one in the rural and the other in the urban area and both the locations carry different tariffs and he apprehends that there is a loss of revenue to the BSNL due to under billing - Appellant: would be satisfied if copies of some sample bills are provided - CIC: provide s copies of sample bills
Information sought:
The applicant through his RTI application had sought various information relating to Machenahalli Telephone Exchange. He wants to know the location, date of opening, equipped capacity, total working connections, number of working connections actually located in parts of the village belonging to Shimoga and Bhadravati Taluks and other related information.
Grounds for the Second Appeal: The PIO has refused the information 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.
Relevant Facts emerging during Hearing: The following were present
Appellant: Mr. B. N. Krishnamurthy on video conference from NIC-Shimoga;
Respondent: Mr. Diwakar, CPIO’s representative on video conference from NIC-Shimoga;
The CPIO’s representative stated that the appellant in his RTI application dated 14/07/2012 has sought huge and voluminous information covering a period of 12 years and that too in a particular format and compiling the same would disproportionately divert the resources of the public authority. Besides, certain information like revenue is of commercial confidence and cannot be disclosed. The appellant contended that the telephone exchange is spread over two locations, one in the rural and the other in the urban area and both the locations carry different tariffs and he apprehends that there is a loss of revenue to the BSNL due to under billing and wants to know the number of connections serviced by Machenahalli Exchange Building. He further stated that he wants to know the loss of revenue suffered the BSNL. The CPIO’s representative stated that he will provide the information relating to the number of telephone connections serviced by the Machenahalli Exchange, however, no information is compiled regarding loss of revenue. The appellant pleaded that he has been the chief accounts officer and if copies of some sample bills issued by the Machenahalli Exchange are provided he can estimate the loss himself. The CPIO’s representative agreed to provide copies of some sample bills.
Decision notice: As agreed by the CPIO’s representative the information as above should be furnished to the appellant within 15 days from the date of receipt of this order. The appeal is disposed of accordingly.
BASANT SETH
Information Commissioner
Citation: Mr. B. N. Krishnamurthy v. BSNL in File No. CIC/BS/A/2012/001608/3723