The PIO should not deny the information by merely citing an exemption provision
9 Mar, 2013Background
The appellant filed two similar applications under the Right to Information (RTI) Act with the Central Vigilance Commission (CVC) and Ordnance Factory Board (OFB) seeking information in respect of two different cases were held by the OFB. The Public Information Officer (PIO) of the CVC transferred some of the queries to the OFB under section 6(3) of the RTI Act as information sought against these queries closely related to that organization. He denied the rest of the 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; of the RTI Act. The PIO, OFB denied the information under 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; and 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; of the RTI Act.
Proceedings
During the hearing before the Central Information Commission (CIC), the appellant argued that he had should get the desired information since the investigation in the matter was already over.
View of CIC
The Commission observed that the information sought by the appellant in both these cases is held by the Ordnance Factory Board and thus they should decide whether to disclose the information or not. The CIC noted that the PIO, OFB has not given any ground for invoking the exemption provisions of the RTI Act. Holding that no information can be denied by merely citing an exemption provision, the CIC directed the PIO of the OFB either to provide the information as desired in both these cases or pass a speaking order if he felt that the information cannot be disclosed.
Comments
Every PIO/ FAA must ensure that the order of denial of information must be reasoned and speaking.
Citation: Mr. P Narasimhan v. Central Vigilance Commission and Ordnance Factory Board in File No. CIC/SM/A/2012/001077 & 1406
RTI Citation : RTIFI/2013/CIC/1105
Click here to view original RTI order of Court / Information Commission