Appellant was retired from service under Rule 56-J; he wanted copies of correspondence exchanged with CPFC, ACPFC & Vigilance Wing along with note sheets - CIC: Provide copies after applying severability; if severability not possible, file an affidavit
27 Apr, 2015Information sought:
Shri Sunderlal Verma was retired under Rule 56-J, in this connection please supply copy of correspondence with CPFC, Additional CPFC, Vigilance Wing Mumbai along with note sheets from first to last page
Grounds for the Second Appeal:
The CPIO has denied 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 2005.
Relevant Facts emerging during Hearing: The following were present
Appellant: Mr. Sunderlal Verma through VC M: 9302474098
Respondent: Mr. P C Gupta CPIO through VC M: 7770842111
The appellant stated that he has been retired from service under Rule 56-J and wants copies of correspondence exchanged with the CPFC, ACPFC and the Vigilance Wing Mumbai along with note sheets. The CPIO stated that the correspondence contains material relating to other employees and cannot be provided. The appellant contested stating that as per Section 10 of the RTI Act the respondent are free to sever those portions which relate to other employees and only that portion which pertains to him can be provided. The CPIO stated that they have examined the records and it is not possible to sever portions related to the appellant. He further stated that the matter is before the Hon’ble Madhya Pradesh High Court and the petitioner can obtain the information through the Court. He also claimed exemption 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 stating that disclosure would impede the process of investigation or apprehension or prosecution of offender. The appellant contested stating that the mere fact that the matter is sub- judice is no exemption under the RTI Act and there is neither any investigation nor any prosecution pending against him. To a query the CPIO admitted that there is no investigation or prosecution pending against the appellant.
Decision notice:
The RTI Act provides no exemption for sub-judice matters unless the disclosure of the information has been expressly forbidden by a court or a tribunal. In the matter at hand there is no such bar nor is any investigation or prosecution in progress. Hence, the CPIO’s submissions are without merit and he is directed to provide the information requested by the appellant in his RTI application dated 13/02/2013 after severing the information related to other employees as provided under Section 10 of the RTI Act. If, however, the information relating to other employees cannot be reasonably severed an appropriate affidavit should be filed before the Commission and a copy of the same provided to the appellant within 15 days from the date of receipt of this order. The appeal is disposed of accordingly.
BASANT SETH
Information Commissioner
Citation: Mr. Sunderlal Verma v. APFC EPFO Regional Office in File No. CIC/BS/A/2013/001270/5522