2015 (2) TMI 549 - AT - Indian Laws

Denial of information sought under RTI Act - Exemption from disclosure of Rule 8(1)(d) of RTI Rules - Held that - Rule 8(1)(d), which exempts certain information from disclosure. The same relates to 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. - The information sought in the present appeal does not fall under the category information against the said Section Rule 8(1)(d) (sic). As the Tribunal order has been published, the providing of order-in-original and the Show Cause Notice involved in the said appeal will not cause any prejudice to any person. As such, I am of the view the same should be provided. - Decided in favour of appellant.

Summary

Issues:
1. Disclosure of information under Rule 8(1)(d) of RTI Rules.

The judgment pertains to an appeal where the appellant requested a copy of the order-in-original and the Show Cause Notice related to a case decided by the Tribunal. The Central Public Information Officer (CPIO) rejected the request citing Rule 8(1)(d) of RTI Rules, which exempts certain information from disclosure to prevent harm to the competitive position of a third party. The Appellate Authority analyzed Rule 8(1)(d) and concluded that the information sought did not fall under this exemption as the Tribunal order had already been published. The Authority held that providing the requested information would not prejudice any person and ordered the CPIO to furnish the information within 10 days, thereby disposing of the appeal.

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