When the process of adjudication is pending, can information be provided under RTI?
26 Feb, 2013The appellant filed an application under the Right to Information (RTI) Act with the Director General (DG) office of the Directorate General of Central Excise Intelligence (DGCEI). He sought to know whether any letter was written by DG to Board or Chairman CBEC broadly indicating his disagreement with the investigation by the Ahmedabad zonal unit regarding misuse /wrongful availment of exemption Notification No. 39/2001 dated 31.7.2001 pertaining to Industries located in Kutch. The Public Information Officer (PIO) denied the information under the 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; of the RTI Act claiming that the case was still under investigation and the disclosure of information would impede the process of investigation or prosecution of the offenders.
Proceedings
During the hearing before the Central Information Commission (CIC), the respondent submitted that disclosure cannot impede the process of investigation or apprehension or prosecution of offenders since the SCN has already been issued to M/s. Global Hi-Tech and there is overwhelming interest involved of the employees of the Company. The respondent argued that even though the investigation process leading to issue of SCN is complete but the process of adjudication and determination of final tax liability and sanction of prosecution is yet to be completed.
View of CIC
The Commission observed that the process of adjudication in the matter is not yet complete and the respondent have no disclosure obligation under the 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; of the RTI Act.
Citation: Mr. Sanjay Singhania v. Directorate General of Central Excise Intelligence in Case No. CIC/SS/A/2012/001224
RTI Citation : RTIFI/2013/CIC/1076
Click here to view original RTI order of Court / Information Commission