Copy of contract for entertainment services in Maharaja Express was denied due to third party objection - Appellant: Act of entering into agreement by a public authority with any other entity would be a public activity - CIC: Provide the information

ORDER

RTI Application:

1. The appellant filed an RTI application dated 29.11.2012 seeking information regarding the service provider(s) for entertainment services i.e. live music, in house movies, 24 hours entertainment, television etc., on the luxury train Maharaja, the selection process adopted for awarding the contract for entertainment services to such person/agency, certified copy of the contract and details of the contract awarded. The CPIO responded on 29.01.2013. The appellant filed a second appeal dated 16.07.2013 with the Commission.

Hearing:

2. The appellant and the respondent both participated in the hearing through video conferencing..

3. The appellant referred to her RTI application and stated that she was seeking information regarding the details of service provider for entertainment services in Maharaja Express, details of process for awarding contract, copy of contract etc. The appellant stated that the respondent has provided information on point 1 and 2 of the RTI application but denied the information on point 3 of the RTI application u/s 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; 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; 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.

4. The appellant stated that FAA vide order dated 21.05.2013 stated that the contract related to third party and the said party has written that information not be disclosed to any other person. It was stated that no larger public interest would be served by disclosing the said information.

5. The appellant stated that the details of contracts sought by her was a contract between the IRCTC and another party. IRCTC was a signatory as well as a party to the contract and also the holder of the information. Appellant stated that when a public authority entered into an agreement with another party that does not mean that the agreement pertains to third party and that 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 is not attracted. The appellant stated that IRCTC is a public sector enterprise using public money for its operations, therefore it should disclose the information in public interest.

6. The appellant stated that FAA order dated 21.05.2013 did not refer to any trade secret or matter of commercial confidence or intellectual property which is an essential pre condition for 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; 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; 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.

7. The appellant cited the judgment of Delhi High Court AIR 2012 Delhi 39 Jamia Millia Islamia vs. Sh. Ikramuddin in which it was held that act of entering into agreement with any other person/entity by public authority would be a public activity, and that a citizen would be entitled to know the terms of agreement entered into by the public authority with any other entity or individual.

8. The respondent stated that the information sought by the appellant was third party information and no public interest is involved. The respondent stated 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 but the third party sent an objection for the disclosure of the information to any other person.

9. The respondent submitted that the CPIO and FAA rightly denied the disclosure about the contract u/s 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; 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; 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.

10. It is clear from the hearing that the information sought by the appellant on point 3 of the RTI application does not pertain to third party information as the IRCTC is one of the parties in the contract and they are the information holder. Further, the respondent did not explain how and in what manner the information sought would implicate any trade secret, commercial confidence or intellectual property.

10. Decision:

11. The respondent is directed to provide to the appellant, within 30 days of this order, the information sought on point 3 of the RTI application.

12. The appeal is disposed of. Copy of this order be given free of cost to the parties.

(Vijai Sharma)

Information Commissioner

Citation: Ms. Upasna Sahni v. IRCTC in Decision No. CIC/BS/A/2013/002138/VS/09295