Information relating to the implementation of Awards passed by the Central Government Industrial Tribunal cum Labour Court was denied u/s 8(1)(d) - PIO: it is third party information, no larger public interest established - CIC: appeal dismissed
12 Apr, 2014ORDER
Facts:
1. The appellant, Smt. Jayalaxmi, has submitted RTI application dated 5 November 2011, before the Chief General Manager, State Bank of India, Bangalore; seeking information relating to the implementation of Awards passed by the Central Government Industrial Tribunal cum Labour Court, Bangalore in CR No. 45/2000 and CR No. 205/2000 through a total of 3 points.
2. Vide order dated 7 December 2011, CPIO denied information sought 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; of the RTI Act, 2005. Not satisfied by the CPIO’s reply, the appellant preferred appeal dated 12 December 2011 to the First Appellate Authority (FAA). Vide order dated 14 January 2012, FAA held that the information sought by the appellant may not strictly fall within the provision 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; of the RTI Act, 2005, therefore remitted the matter back to the CPIO to consider the matter afresh and pass an appropriate order on its merit and communicate the decision to the appellant within 15 days. In compliance of the FAA order, vide letter dated 27 January 2012, CPIO furnished the information to the appellant.
3. Being aggrieved and not satisfied by the above response of the public authority, the appellant preferred second appeal before the Commission.
4. The matter was heard today via videoconferencing. The appellant, Ms Jayalaxmi was represented by Shri Rajendra and made submission from Dharwad. The respondents, Shri NN Shenve, CAPIO, Shri Ramesh Mayya representing FAA and Shri Janaki Rao, CAPIO/Law Officer, made submissions from Bengaluru.
5. The appellant sought information regarding action taken over awards passed by the Central Govt. Industrial Tribunal. The CPIO submitted that information sought pertains to third party i.e. Shri BB Swami and the appellant has not established any larger public interest in the disclosure of information.
Decision Notice
6. The Commission upholds the CPIO’s submissions and dismisses the appeal.
(Manjula Prasher)
Information Commissioner
Citation: Smt. Jayalaxmi v. State Bank of India in Appeal: No. CIC/DS/A/2012/000760/MP