Can information be denied under the RTI ACT when the investigation is over?
5 Dec, 2012Background
The appellant filed an application under the Right to Information (RTI) Act with the Union Public Service Commission (UPSC) sought a number of information about a departmental enquiry. The Public Information Officer (PIO) did not disclose the information on the ground that it was exempt under the provisions of section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; (j) of the RTI Act.
Proceeding
During the hearing before the Central Information Commission (CIC), the appellant raised only one issue namely that whether any information regarding a departmental enquiry could be denied under the above provisions of the RTI Act when the investigation was complete. He argued that once the investigation was over, no information could be denied in connection with a departmental enquiry. The respondent submitted that the departmental enquiry was in the nature of the prosecution of an offender. Therefore, the UPSC had denied the desired information as it considered that this would adversely affect the departmental enquiry and the final decision to be taken in the matter. He further submitted that all the documents and records relevant to the departmental enquiry had already been provided to the person concerned.
View of CIC
The Commission recalled that that on several occasions in the past, it has been held that the departmental enquiry instituted against any public servant is equivalent to the investigation and prosecution of an offender as contemplated in section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI Act. The CIC held that the exemption of certain category of information could as much apply in the case of departmental enquiry as it would apply in the case of any police investigation leading to prosecution in a court of law. The CIC found nothing wrong in the PIO’s decision for these reasons.
Comments
In respect of the section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; , both the investigation and prosecution in a criminal case and the disciplinary proceedings in a departmental enquiry case are similar. It is important to examine whether the disclosure of the exact information sought by the appellant has the potential to impede the process of investigation or prosecution or disciplinary proceedings.
Citation: Mr. Amitabh v. Union Public Service Commission in File No.CIC/SM/A/2012/000440
RTI Citation : RTIFI/2012/CIC/846
Click here to view original RTI order of Court / Information Commission