NCBC order rejecting claim for inclusion of Delhi Jats in the Central List of OBC - NCBC only tenders its advice and decision has to be taken by Central Government through its council of Ministers – matter still pending for decision – exempt u/s 8(1)(i)
10 Oct, 2013NCBC order rejecting claim for inclusion of Delhi Jats in the Central List of OBC - NCBC only tenders its advice and decision has to be taken by Central Government through its council of Ministers – matter still pending for decision – exempt u/s 8(1)(i) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed;
Appellant objected to the PIO replying to the first appeal - CIC: it is the FAA’s statutory duty to pass an order, merely sending some communication from the PIO or granting an opportunity of personal hearing does not exonerate the FAA from this duty
ORDER
1. The appellant filed an RTI application dated 8.2.2012 addressed to CPIO, National Commission for Backward Classes seeking copy of the orders passed by National Commission for Backward Classes rejecting claim for inclusion of Delhi Jats in the Central List of OBC. The CPIO vide reply dated 27.2.2012 stated as under:
“NCBC, vide Advice No. 27/Delhi/2010, dated 25th November, 2010 has sent its recommendation to the Ministry of Social Justice & Empowerment and the same is yet to be notified by the Government of India. As NCBC is an advisory body its recommendation to the Government is confidential and cannot be disclosed under section 8 (i) of the RTI Act- 2005.”
2. However, not satisfied with the reply the appellant filed first appeal dated 23.3.2012 mainly on the grounds that the reliance of the CPIO upon the fact that NCBC is an advisory body and its recommendation to the government is confidential and cannot be disclosed under section 8(1)(i) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; of the RTI Act is misplaced as the said provision applies to Cabinet Papers/ deliberations and further that it is prerogative of the Govt. of India to act upon such advice of the NCBC and NCBC advice is independent exercise and therefore NCBC is bound to provide the same under the RTI Act. Thereafter, the CPIO vide letter dated 16.4.2012 intimated to the appellant that:
“NCBC is an advisory body and has forwarded its advice regarding ‘Jats” of Delhi, to the Ministry of Social Justice and Empowerment, Government of India. Ministry has to process the same and after getting the approval of the Cabinet notify the same. Till date NCBC has not received any communication regarding the above from the Ministry, as a result of which the said NCBC Advice cannot be provided under section 8(1)(i) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; of the RTI Act, 2005.”
3. Thereafter, the appellant filed first appeal dated 30.5.2012 wherein the appellant submits that the order dated 16.4.2012 passed by the CPIO assuming the Appellate Authority is unsustainable in law as under the RTI Act first appeal lies with the Appellate Authority.
4. In the second appeal the appellant has raised similar grounds as raised in the first appeal and sought for initiation of penalty proceedings against the first appellate authority for not discharging functions under the Act. The appellant relies on the section 9 of the National Commission for Backward Classes Act, 1993 which is being reproduced as under:
“9. Functions of the commission. –
(1) The Commission shall examine requests for inclusion of any class of citizens as a backward class in the lists and hear complaints of over-inclusion or under-inclusion of any backward class in such lists and tender such advice to the Central Government as it deems appropriate.
(2) The advice of the Commission shall ordinarily be binding upon the Central Government.”
The appellant submits that once the NCBC has taken its decision and no further action is required to be taken is required to be taken by the NCBC in respect of said decision, the role of the NCBC ends there and the information cannot be denied under the RTI Act and the authority is under obligation to provide the same under the RTI Act.
5. On the other hand the respondent submits that NCBC is an advisory body and section 9 (2) specifies that final decision is to be taken by the Central Government, thus the mandate of section 9 of NCBC Act, 1993 stipulates that the NCBC only tenders its advice to the Central Govt. and the decision thereafter has to be taken by Central Government through its council of Ministers, only then it attains finality. The respondent further submits that before the advice is accepted it will have no effect as no one can claim any right or impose any liability on the basis of such advice and that the document in question will have RTI relevance only when it is either accepted or rejected by the Govt. of India. The respondent further relied on section 8(1)(a) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; and submitted that divulgence of any advice tendered by NCBC before its acceptance by the Government is likely to lead to breach of public order as has been the case in past when large scale protests have been held on the issue in question. The respondent states that an opportunity of personal hearing was granted to the appellant on 25.4.2012 and 25.6.2012 but the appellant chose not to be present. The respondent submits that a clarification was sought from the Ministry of Social Justice and Empowerment regarding status of advice tendered by NCBC vide letter dated 20.5.2013. The Ministry of Social Justice and Empowerment has replied to the said communication vide letter dated 7.6.2013 wherein it is stated that “the matter is under examination in the Ministry”
6. During the hearing the appellant has raised an objection on the point that the reply under the RTI Act has been furnished by an officer who is not designated CPIO of the respondent public authority. The respondent was directed to produce the relevant copy of office order to clarify this issue. In compliance of the directions the respondent has filed a copy of the office order of the NCBC dated 31.8.2010, 14.9.2012 and 11.6.2013 with regard to the appointment of CPIO.
7. The appellant submits vide his submissions dated 4.7.2013 that it is pertinent to point out that the information has already been made available to media houses and is a part of the print news.
8. The Commission would like to first deal with the objection raised by the appellant with regard to the CPIO being the designated CPIO of the respondent public authority or not. In view of the copies of office orders produced as stated in para no. (6) of this order, the Commission does not find any merit in the objection raised as the office orders have been brought on record. Secondly, the appellant submits that the CPIO has replied to the appellant in relation to the first appeal filed by the appellant which is not tenable as the first appellate authority has not passed an order. The Commission upholds this contention of the appellant. On filing of first appeal, it is the first appellate authority’s statutory duty to pass an order, merely sending some communication from the CPIO or granting an opportunity of personal hearing does not exonerate the first appellate authority from this duty. The Commission hereby cautions the first appellate authority to refrain from such practice in future. Before deciding on the issue of disclosure of the said information, it would be appropriate to read section 8(1)(i) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; of the RTI Act carefully which is being reproduced below:
“8 (1) (i) Notwithstanding anything contained in this Act, there shall be obligation not to give any citizen,- cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decision of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed;”
The Commission finds merit in the submissions made by the respondent recorded at para no. (5) of this order wherein it is stated that that the NCBC only tenders its advice to the Central Govt. and the decision thereafter has to be taken by Central Government through its council of Ministers, only then it attains finality. Moreover, the proviso to section 8(1)(i) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; of the RTI Act specifies that the material on the basis of which the decisions were taken shall be made public after the decision has been taken. In view of the above, at present stage section 8(1)(i) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers: Provided that the decisions of Council of Ministers, the reasons thereof, and the material on the basis of which the decisions were taken shall be made public after the decision has been taken, and the matter is complete, or over: Provided further that those matters which come under the exemptions specified in this section shall not be disclosed; of the RTI Act, 2005 will apply in relation to the information sought by the appellant. With regard to the issue raised by the appellant that the information is available with the media, the respondent has clarified during the hearing that the NCBC is not associated or concerned with any details if at all available with the media. The appeal is disposed off accordingly.
Sushma Singh
Information Commissioner
Citation: S.P Singh v. National Commission for Backward Classes in Case No. CIC/SS/A/2012/002052