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TMI Blog2011 (7) TMI 1000X X X X Extracts X X X X X X X X Extracts X X X X ..... or computerization, the Government switched over to the latest technology in its various departments. In the transport sector, the Government aimed at modernizing the Regional Transport Offices and introduced a policy to computerize the Regional Transport Offices which was aimed at streamlining the entire process undertaken at these offices and obviously to make the functions of these Regional Transport Offices efficient, prompt and easy. In this backdrop, the Central Government took a policy decision to introduce "Smart Cards" with Micro Processor Chip and it was decided to permit the use of Smart Cards for issuing registration certificates in electronic form. It is stated that this Micro Processor Chip based Smart Card obviously has various advantages over the regular paper based registration books. A reference is made to the Central Government's guidelines issued on 17-10-2001. The implementation of this policy required amendments to the Motor Vehicles Act and Rules and therefore, the amendments were made on 31-5-2002 and Rule 2(s) was added to define the term "Smart Card". It is stated that the registration certificate is now issued to the motor vehicle owners in the form of Sm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ferred an appeal under section 19(3) of the RTI Act before the Respondent No.1. The appeal was taken up on 15-5-2010 and an interim-order was made and the matter was remanded to the first Appellate Authority. Pursuant to this order of remand, the Respondent No. 2 reheard the matter and maintained its earlier opinion and disallowed the request for information made by the Respondent No. 4. On receipt of this report from the Respondent No. 2, the Respondent No. 1 heard the matter and by the impugned order, directed the Respondent No. 3 to give copies of the Agreements of Transport Department with the Petitioners, to the Respondent No. 4 within a period of one month from the date of receipt of the decision. It is this order which is challenged in this petition. 7. Mr. Manohar, learned counsel appearing for the Petitioner in Writ Petition No. 2912/2011, invited my attention to the RTI Act and submitted that while providing information is the rule under the Act, but at the same time, there are several exceptions. Thus, the right to information guaranteed by the statute is subject to certain provisions which provide for exemptions from disclosure. Inviting my attention to sections 8(1)(a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... have not been given serious consideration. For all these reasons, the impugned order be set aside. 9. Mr. Manohar has further invited my attention to the order passed by the National Consumer Disputes Redressal Commission, New Delhi in Revision Petition Nos. 598/2009 and 599/2009 in case of the very same Petitioner wherein the Commission observed that the character of the document is confidential in nature. Therefore, when reliance is placed by the Consumer Disputes Redressal Commission on this very provision of the RTI Act to deny the information and the reasons are given, then, directing the State to provide the copies of such vital documents to the Respondent No. 4, in the present case, is contrary to law. 10. On the other hand, the Respondent No. 4 who appeared in person in each of these Writ Petitions, invited my attention to his written reply and submitted that he has not done anything so as to violate the letter and spirit of the RTI Act. All that he sought was some information and furnishing of copies of the agreement. There is nothing confidential in the agreement. He submits that a copy of the contract executed by the Petitioner with the Delhi Government has been provid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... formation for citizens to secure access to information under the control of public authorities, in order to promote transparency and accountability in the working of every public authority. The preamble of the RTI Act itself refers to this aspect and the constitutional principles enshrined in several articles of the Constitution. It is very clearly postulated that democracy requires an informed citizenry and transparency of information which are vital to its functioning and also to contain corruption and to hold the Governments and their instrumentalities accountable to the governed. The revelation of information in actual practice is likely to conflict with other public interests including efficient operations of the Governments, optimum use of limited fiscal resources and the preservation of confidentiality of sensitive information. Therefore, the RTI Act seeks to harmonize these conflicting interests while preserving the paramount nature of democratic ideals. The definitions and particularly of the term "right to information" defined in section 2(j) is relevant. By section 3, all citizens have the right to information subject to the provisions of the RTI Act. The obligations of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clause as admitted by Mr. Manohar is not absolute. It does not say that the information including commercial confidence, trade secrets or intellectual property, the disclosure of which, would harm the competitive position of a third party; cannot be demanded or if demanded, cannot be disclosed even if larger public interest warrants the same. The State Information Commissioner has held that the disclosure of both agreements would not result in disclosure of trade secrets or intellectual property. His conclusion is that the tenders were for an important work which affects large number of vehicle owners and drivers of vehicles. The agreements have to be entered into for providing a service in the form of making of Smart Cards for registration of motor vehicles and driving licences at enhanced fees. Further, the conclusion is that the disclosure of information would enable public scrutiny of the process and contracts and therefore, it is desirable in larger public interest that the information is provided. 15. I am not in agreement with the Petitioners that the conclusion drawn is in any way contrary to section 8(1)(d). The agreements may contain certain stipulations, so also, certa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ervice providers. It is in the context of the allegations in the complaint and defence taken, so also, the ambit and scope of the provisions of the Consumer Protection Act, 1986 that these observations will have to be seen. The RTI Act has distinct object and purpose as narrated above. Therefore, this decision cannot be of any assistance to the Petitioners. Equally, careful perusal of the Hon'ble Supreme Court's decision relied upon, emphasizes that for safety and security, the authorities under the Motor Vehicles Act must devise appropriate measures. One of these measures is affixation of number plates in peculiar style, marks, issuance of smart cards, etc.. The details of the smart cards issued to individuals are not sought in this case. Therefore, there is no violation of the rules or the elements of secrecy and confidentiality attached to the smart cards. Hence, both decisions are distinguishable. 17. In the light of this conclusion, both Writ Petitions fail. Rule is discharged, but without any order as to costs. 18. At this stage, it is prayed that the ad-interim orders passed by this Court be continued so as to enable the Petitioners to challenge this judgment in a higher c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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