Information regarding details of renewal of two Surveyor licenses etc. that lapsed for two periods at one instant were sought - PIO: Copy of note sheet along with reasons could not be provided as it was exempt u/s 8(1)(d) & 8(1)(e) - CIC: Denial upheld

ORDER

1. The appellant, Shri Daleep Singh Pahwa, submitted RTI application dated 1 February 2013 before the Central Public Information Officer (CPIO), Insurance Regulatory & Development Authority (IRDA), Hyderabad, seeking information regarding details of renewal of two Surveyor licenses etc. that lapsed for two periods at one instant, through a total of 3 points.

2. Vide reply dated 8 March 2013, the CPIO furnished the information sought at point 1, 2 but denied the information sought at point 3 seeking copies of applications of both Surveyors on ground that the information sought is of commercial confidence and is held with them in their fiduciary capacity and is exempted from disclosure 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; & 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the 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 available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; of the RTI Act, 2005. Aggrieved by the response of the CPIO, the appellant preferred appeal dated 8 April 2013 before the first appellate authority (FAA) stating that the CPIO had wrongly denied the information sought. Vide order dated 10 May 2013, the FAA remanded the matter back to the CPIO in order to explain the reason as to how the query No.3 of RTI application is exempted 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; & 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the 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 available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; of the RTI Act, 2005.

3. Not satisfied with the response of the public authority, the appellant preferred second appeal before the Commission.

4. The matter was heard by the Commission. The respondent submitted that information pertaining to Point No. 3 in which the appellant sought to know copy of applications received from Shri B.K. Jena and Shri Aijaz A.Kirimani along with copy of note sheet along with reasons could not be provided and was exempt under the provisions of 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; and (e) of the RTI Act. The respondent stated that Shri Satinder Kumar’s licence for surveyor (who actually represented the appellant during hearing) was expired in the year 2005 and later he requested for renewal of his licence in the year 2009 on the grounds that he was hospitalized. His appellant was rejected by IRDA and Rs. 10,000/- were also returned. Shri Satinder Kumar Juneja applied for a fresh licence and now he is working on a fresh licence issued in his favour.

5. Having considered submissions of the parties, the Commission finds that requisite information as held by the respondent excepting the third party information has been provided to the appellant. The Commission upholds the decision of the respondents. The appeal is disposed of.

(Manjula Prasher)

Information Commissioner

Citation: Shri Daleep Singh Pahwa v. Insurance Regulatory & Development Authority in Appeal: No. CIC/DS/A/2013/002346MP