Applicant was terminated from service & wanted the relevant file notings - CIC: RTI Act provides no exemption from disclosure requirements of sub-judice matters unless expressly forbidden disclosure by a court or a tribunal & what may constitute contempt
28 November 2016
The appellant has sought information name and address of the candidates who are being considered for selection. Whether any complaints have been received from selected candidates, if so provide the copy of the complaint. Whether the appointment on the post of BPM Nagla Gajpati was challenged, if so provide the details. If any in inquiry has been done provide the copy of it.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.
Relevant Facts emerging during Hearing:
The following were present Appellant: Mr. Ashu through VC Respondent: Mr. S R Dubey CPIO through VC
The applicant stated that he was terminated from service and wants the relevant file notings in this regard. The CPIO stated that the relevant file is with regional office Agra and the applicant has moved the CAT against his termination.
At the outset it is clarified that the RTI Act provides no exemption from disclosure requirements of sub-judice matters. The only exemption for sub-judice matters is regarding what has been expressly forbidden disclosure by a court or a tribunal and what may constitute contempt of court. In the matter at hand the relevant file is with regional office Agra and the applicant has moved the CAT against his termination order. However, this cannot be ground for denial of file noting relating to the applicant’s own termination matter. The CPIO is accordingly directed to provide the information after collecting the same from regional office within 30 days from the date of receipt of this order. The appeal is disposed of accordingly.
Citation : Mr. Ashu v. Sr. Supdt of Posts, Department of Posts in File No. CIC/BS/A/2015/001578/11769