Details of file noting on a file and the daily progress made in case - CIC: the file noting by one officer meant for the next officer in confidential file is fiduciary - covered u/s 8(1)(e) - no larger public interest established by the appellant
26 Sep, 2013ORDER
Shri Paras Nath Singh, hereinafter called the appellant has filed the present appeal dated 27.07.2012 before the Commission against the respondent Ministry of Home Affairs, New Delhi for denial of information in response to his RTI application dated 7.6.2012. The appellant was heard through audio whereas the respondents were represented by Shri Ashutosh Jain, Director (CS-II) and Shri Vishal Gupta, Section Officer.
2. The appellant through his RTI application dated 7.6.2012 sought information on the following six queries
“(1) Complete details of file noting made as on date, on the file No. V/12011/23/2010/CSR-I on his RTI application dated 6.11.2010; Separately the daily progress made in case of above said file till date i.e. when did it reach which officer/ functionary, how long did it stay with that officer/functionary and what did that officer/functionary do during that period on the said letter together with file noting and name and designation of each officer/functionary;
(3) List of the officers with their designation to whom before the said file is placed. Also provide the noting made by them on the said file;
(4) Is it true that the said file is placed before the Union Home Secretary. If yes then provide me the action taken by him thereon. Also provide the facts and reasons to place the said file before the Union Home Secretary;
(5) Provide certified copy of the draft SLP which is going to be filed before the Supreme Court by the MHA in the matter of Governor’s reports to Union Home Ministry; and
(6) Is there any correspondence made with the Union Home Minister in this matter. If yes, then provide certified copy of the same”.
The CPIO vide letter No. V/12011/23/2010- CSR dated 25.6.2012 informed the appellant that it has not been found feasible to provide file notings of the relevant file u/s 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; and Section 2(f) “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; “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; of the RTI Act, as the same does not include “file notings”.
3. Aggrieved with the reply of the CPIO, the appellant preferred first appeal on 2.7.2012 before the FAA on the grounds of not providing copies of file notings. The FAA vide order No. V/12011/23/2010-CSR-I dated 20.7.2012
4. During the hearing the appellant, who was heard through audio, stated that the Section 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; and Section 2(f) “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; “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; of the RTI Act did not apply in the present case and reiterated his request for photocopies of file notings and copy of SLP filed before the Supreme Court of India.
5. The CPIO on the other hand submits that the file notings as sought for by the appellant at Point No. 1 to 4 and 6 of the RTI application, are the part of the file in which an official records his observations and impressions meant for his immediate superiors. Especially, when the file in which the noting are contained is classified and confidential and secret, the entrustment of the file noting by a junior officer or a subordinate to the next higher or superior officer assumes the character of an information supplied by a 3rd party. This being so, any decision to disclose the information has to be completed in terms of a provision of Section 11(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: of the RTI Act. When the file noting by one officer meant for the next officer with whom he may be in hierarchical relationship, is in the nature of a fiduciary entrustment, it should not ordinarily be disclosed and surely not without any concurrence of the officer preparing that note. The file noting for a confidential and secret part would attract the provisions of Section 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; as well as Section 11(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: of the RTI Act. In respect of Point No. 5, that is SLP filed in the Supreme Court in the matters of Governor’s report to the President of India/Union Ministry of Home Affairs, the same can be obtained by the appellant from the Supreme Court of India.
6. Having considered the submissions of the parties and perused the relevant documents on file, the Commission is of the view that the file notings as sought for by the appellant at Point No. 1 to 4 and 6 of his RTI application, provisions of Section 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; of the RTI Act are attracted, in view of the statement of the respondent that the file in which the notings are contained is classified and confidential and secret. Moreover, no larger public interest has been established by the appellant for its disclosure. At Point No. 5 the appellant sought copy of SLP filed before the Supreme Court of India in the matter of Governor’s report to the President of India/ Union Ministry of Home Affairs, the Commission hereby directs the CPIO, MHA to transfer this point to the CPIO, Supreme Court of India u/s 6(3) of the RTI Act within five days of receipt of this order. The matter is disposed of on the part of the Commission with the above directions/observations.
(Sushma Singh)
Information Commissioner
Citation: Shri Paras Nath Singh v. Ministry of Home Affairs in Case No. CIC/SS/A/2012/003957