When the Government asks a private party to conduct any functions it certainly has to be able to access all information regarding the activity

[ambrish.p]

When the Government asks a private party to conduct any functions
which it has been conducting earlier in the nature of providing vital services to the Citizens such as
providing a Passport it certainly has to be able to access all information regarding the activity from the
private body to which it has given the contract.

"

The Commission had given adequate opportunity of hearing to the Third Party M/s Tata Consultancy
Services (TCS) to explain its objections and put forth its arguments before the Commission to establish
that the information sought by the Appellant was covered by the exemptions of Sections 8(1)(d) &(e) of
the RTI Act. The Third Party TCS has claimed exemption under Section 8(1)(d) & (e) of the RTI Act but
given no explanation as to how the information sought by the Appellant is exempt. The Third Party TCS
has undertaken a commercial transaction with the Ministry and has been given the authority to run the
Passport Seva Kendra on behalf of the Government. The Government has effectively sub-contracted its
function through a contractor.

Since the Third Party TCS has not given any arguments to support its claim for exemption under Section
8(1)(d) & (e) of the RTI Act the Commission does not have any basis for accepting whether the said claim
is justified. Since no justification had been provided for the claim of exemptions the Commission cannot
see any justification for denial of information to the Appellant. This is information that can certainly be
obtained by the Ministry from TCS if it is not available and would squarely fall in the definition of
information as defined under Section 2(f) of the RTI Act which states, "information" means any material
in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars,
orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form
and information relating to any private body which can be accessed by a public authority under any other
law for the time being in force;” When the Government asks a private party to conduct any functions
which it has been conducting earlier in the nature of providing vital services to the Citizens such as
providing a Passport it certainly has to be able to access all information regarding the activity from the
private body to which it has given the contract."

http://www.rti.india.gov.in/cic_deci...58_M_86266.pdf

Full credit to Karira Sir.