Inspection of records in respect of action taken on the complaint to Serious Fraud Investigation Office
11 May, 2013Background
The appellant filed an application under the Right to Information (RTI) Act with the Serious Fraud Investigation Office (SFIO) seeking inspection of records regarding action taken on the complaint against three firms. By notice through their counsel, information was also sought about the company from ICICI bank. The Public Information Officer (PIO) stated that no such complaint has been received by them and that no such information exists. He also informed that Ministry of Corporate Affairs (MCA) has never ordered any investigation in relation to the affairs of the aforesaid companies. The First Appellate Authority (FAA) upheld the decision of the PIO and further stated that case investigation/ inspection under section 235, 237 & 239 of the Companies Act 1956 were under progress and 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; and section 8(1)(g) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; of the RTI Act get attracted.
Proceedings
During the hearing before the Central Information Commission (CIC), the respondent submitted that in compliance of directions of the Hon'ble Madras High Court, MCA has issued an order and a new team has been constituted and the investigation is being proceeded with. The respondent referred to a previous order of the Commission in the case of Muniraja G Vs. Ministry of Corporate Affairs, SFIO and stated that this case attracts the provision of section 8(1)(g) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; and 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; of the RTI Act.
View of CIC
The Commission rejected the appeal ruling that allowing inspection of the files at this stage would impede the process of investigation and prosecution of offenders as the matter is under active consideration/ investigation by the SFIO.
Citation: Mr. Pawan Kumar Pandey v. Serious Fraud Investigation Office in CIC/SS/A/2012/001375, CIC/SS/A/2012/001372, CIC/SS/A/2012/001374
RTI Citation : RTIFI/2013/CIC/1267
Click here to view original RTI order of Court / Information Commission