Copy of the file noting and the order issued on the complaint was denied u/s 8(1)(h) - CIC: Information sought was related to a complaint proceeding which was sub-judice at the time of filing of RTI and first appeal; May impede the on-going investigation
6 Mar, 2023
Information Sought:
The Appellant has sought the following information pertaining to complaint No.11011/60/2021-IBBI/1069/2617 dated 19-07-2021 and 20-08-2021 and review request dated 29-11-2021, filed against Mr. C Ramasubramaniam, erstwhile RP of M/s. SLO Industries Limited:
1. Provide a copy of the file noting and a copy of the order issued on the complaint mentioned above.
2. Whether any inspection/ investigation has been ordered in the matter?
3. Whether Mr. C. Ramasubramaniam was called and questioned regarding the complaint and charges? Provide a copy of the same, if any, along with the reply submitted by him.
4. And other related information.
Grounds for Second Appeal
The CPIO did not provide the desired information u/s 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; 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; 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, 2005.
Submissions made by Appellant and Respondent during Hearing:
The appellant was aggrieved due to non-receipt of information pertaining to the status and file noting, etc. of his complaints dated 19-07-2021 and 20-08- 2021 filed with the respondent authority.
The CPIO stated that the information was not provided to the appellant as at the time of filing of the RTI application, the proceedings were pending before the appropriate adjudicating authority. Citing 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; 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; 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, 2005, the information was denied. The said reply was also upheld by the FAA and the appellant was informed that if he had any grievance regarding disposal of his complaint, he could avail the remedy of review under Clause 7(5) Where access to information is to be provided in the printed or in any electronic format, the applicant shall, subject to the provisions of sub-section (6), pay such fee as may be prescribed: Provided that the fee prescribed under sub-section (1) of section 6 and sub-sections (1) and (5) of section 7 shall be reasonable and no such fee shall be charged from the persons who are of below poverty line as may be determined by the appropriate Government. of the IBBI Regulations. On being queried on the current status of the complaint, the CPIO stated that the proceedings were not completed yet but were expected to conclude by the end of this month i.e. February 2023.
The written submissions of the CPIO dated 08.02.2023 were received and taken on the record of the Commission.
Observations:
Keeping in view the facts of the case, the Commission noted that the information sought by the appellant was related to a complaint proceeding which was sub-judice at the time of filing of RTI and first appeal. The disclosure of information in such cases is expressly barred under 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; 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; 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, 2005.
The Commission noted that as per the submissions of the CPIO, as on date, the complaint proceedings have not concluded. Therefore, the Commission is in agreement with the contention of the CPIO that disclosing the desired information before the proceedings are finally concluded may impede the process of the on-going investigation. Therefore, the denial is justified as per law.
Decision:
In view of the above, the Commission upholds the denial of information under 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; 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; 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, 2005. No further intervention of the Commission is required.
The second appeal, therefore, stands disposed of accordingly.
Vanaja N. Sarna
Information Commissioner
Citation: Anil Kumar Ojha v. Insolvency and Bankruptcy Board of India, File no.: CIC/IBBIN/A/2022/138573, Date of Decision : 09/02/2023