Pay Commission recommendations liable for disclosure

Pay Commission recommendations liable for disclosure

Background

The applicant sought the relevant information and the records of the decision supporting the up gradation of pre 2006 S24 grade from the 6th CPC recommended PB3 pay band to the higher pay band of PB4. The PIO informed that the information asked by the appellant cannot be furnished because while some of the recommendations of COS on 6th CPC have been implemented with the approval of the Cabinet, others have yet to be decided upon by the Government. Expressing the inability of the department to segregate the other items at this stage, the PIO expressed his inability to supply the said documents claiming exemption 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; of the RTI Act.

View of the CIC

The CIC noted that the documents are related to decision taken/approved by the Cabinet which has already been implemented. The CIC observed that there may be a number of issues which are yet to be considered by the Cabinet, however, it is not disputed that copies of documents requested by the appellant are regarding a matter which has already been decided by the Cabinet and implemented by the Govt. The CIC directed to provide all file notings/records and decision of the cabinet/Government holding that since the issue has already been decided by the Cabinet and implemented, 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; of RTI Act, 2005 does not apply.

Citation: Shri M.P. Sankaran v. Department of Expenditure, Ministry of Finance in File No: CIC/SS/A/2011/001184