Appellant was blacklisted by the Indian High Commission at Brunei; He sought copies of two letters written by a Chamber of Commerce - FAA: information denied u/s 8(1)(a), (e), & (g) claiming fiduciary relation with chamber of commerce - CIC: Denial upheld

ORDER

Facts

1. The appellant filed an application dated 02.01.2013 under the RTI Act seeking copy of two letters written by a Chamber of Commerce against the appellant. CPIO responded on 09.01.2013 stating that they had initiated action under section 11(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: of the RTI Act. Appellant filed first appeal with the first appellate authority (FAA) on 28.02.2013. FAA vide order dated 20.03.2013 denied the information under section 8(1) (a), (e), and (g) of the RTI Act. Appellant filed this present appeal on 15.03.2013. Hearing

2. Appellant and respondent did not participate in the hearing.

3. As per records the appellant was seeking copy of two letters written by a Chamber of Commerce against the appellant. CPIO vide letter 09.01.2013 stated that the information sought by the appellant was third party information and had initiated action under section 11(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: of the RTI Act. No reply from the third party was enclosed.

4. The appellant mentioned in his appeal that he was aware of a letter sent by Indian High Commission to the Brunei Ministry of Foreign affairs where he had been blacklisted by the High Commission. The letter was sent without his knowledge and without giving an opportunity of being heard. In this light he sought the information as mentioned in the RTI application.

5. FAA vide order dated 20.03.2013 denied the information under section 8(1)(a), (e), and (g) of the RTI Act. It was stated that the High Commission has developed fiduciary relationship with many organisation in discharge of duties and the Chamber of Commerce is one of them. It was also stated that the High Commission would like the Indian community to maintain a cordial atmosphere in Brunei.

6. FAA has acted in conformity with the RTI Act.

Decision

7. Order of FAA is upheld. The appeal is disposed of. Copy of decision be given free of cost to the parties.

(Vijai Sharma)

Information Commissioner

Citation: Shri Ramesh Jiwatram Bhawnani v. High Commissioner of India in Decision No.CIC/SM/A/2013/000821/VS/07349