Seeking copy of note sheet related to prosecution by CBI through RTI
22 Oct, 2012
Background
The appellant filed an application under the Right to Information (RTI) Act with the Office of the Commissioner of Central Excise, Customs & Service Tax seeking information on some queries in respect of a case booked against M/s. Maikaal Fibres. He sought certain annexures, copies of Memorandum issued, the copy of show cause notice issued along with copy of relevant AE-2 issued in the matter; with the copies of all correspondence made with the Central Bureau of Investigation (CBI) along with copy of relevant Note sheet pages and also a copy of Note sheet under which sanction was given in the matter to CBI along with copy of sanction order. The Public Information Officer (PIO) sought the assistance from the Superintendent (Legal), Superintendent (Vigilance) and Assistant Commissioner (Audit) under section 5(4) of the RTI Act and provided part information. Regarding the correspondence and note sheet, the PIO claimed exemption under section 8(1) (h) of the RTI Act stating that disciplinary proceedings against some officials of the Department were in progress. The First Appellate Authority (FAA) observed that the information sought by the appellant pertained to third party information and directed the PIO to obtain the comments of the third party i.e. CBI by invoking 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: of the RTI Act. He held that the PIO should thereafter take a decision in the matter regarding disclosure of information as well as on the applicability 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; 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.
Proceeding
During the hearing before the Central Information Commission (CIC), the PIO stated that partial compliance of the order of FAA was done and correspondence with CBI Draft Sanction Order and Sanction Order were provided to the appellant. Only the note sheets of the file remained to be disclosed for which the CBI invoked 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; 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 as it would impede the process of investigation or apprehension or prosecution of offenders.
View of CIC
The Commission observed that in compliance with the FAA’s order the PIO provided information i.e. correspondence with CBI (two letters) Draft Sanction Order and Sanction Order. As far as the copy of note sheet was concerned the Commission held that the respondent have no disclosure obligation 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; 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 as the information if provided could impede the process of investigation or apprehension or prosecution of offenders. The CIC added that the question of noncompliance of the order of the FAA by the PIO did not arise since the FAA had directed the PIO to dispose of the matter regarding providing of copies of note sheets to the appellant after seeking an opinion from the CBI being the investigating agency whether the information exempted 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; 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; or any other section of the RTI Act. The Commission stated that the PIO has obtained the comments of the investigating agency and replied to the appellant.
Citation: Mrs. Chinni Chandravanshi v. Office of the Commissioner of Central Excise, Customs & Service Tax in Case No. CIC/SS/A/2011/001233, CIC/SS/A/2011/001589
RTI Citation : RTIFI/2012/CIC/741
Click here to view original RTI order of Court / Information Commission