Copies of all FIR registered against CBI officials on corruption charges, cases registered by CBI Delhi unit under the PC Act were sought - part information was provided rest was denied u/s 7(9) - CIC: disclose information about the Delhi branch of CBI

Copies of all FIR registered against CBI officials on corruption charges, departmental action initiated against the all officials caught under corruption charges, list of all cases registered by CBI Delhi unit under Section 13 (1) (D) & (E) or other sections of the PC Act were sought - part information was provided rest was denied u/s 7(9) An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. - appellant restricted his request to cover only the Delhi branch of the CBI - CIC: disclosure directed

ORDER

Facts:

1. In his RTI application dated 20 December 2012 the Applicant has sought from the CPIO, Central Bureau of Investigation, New Delhi, certified copies of all FIR registered against CBI officials since 01 January 2005 on corruption charges, departmental action initiated against the all officials caught under corruption charges, suspension/dismissal orders issued/served to the above CBI officials on corruption charges, list of all CBI officials convicted on corruption charges and quantum of sentence to them till December 2012, list of all cases registered by CBI Delhi unit under Section 13 (1) (D) & (E) or other sections of the PC Act during particular period and other related information through 5 points.

2. The CPIO vide his order 19 February 2013, denied the information sought under points 1, 2 & 3 citing exemption under section 7(9) An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. An information shall ordinarily be provided in the form in which it is sought unless it would disproportionately divert the resources of the public authority or would be detrimental to the safety or preservation of the record in question. of the RTI Act, provided details of CBI officers suspended/dismissed, provided list of CBI officials convicted in corruption cases and regarding information sought by point 5, claimed exemption under the RTI Act as per the notification issued by the DoPT. Appeal: No. CIC/SM/A/2013/000676/DS

3. Not satisfied with the reply of the CPIO, Appellant preferred an appeal dated 11 March 2013 before the FAA.

4. The FAA by his order dated 20 March 2013 endorsed the stand taken by the CPIO and disposed of the appeal. Thus aggrieved by the order passed by the FAA, the Appellant filed his second appeal before the Commission.

5. Matter was heard today. Both parties as above appeared in person and made submissions. In respect of point 1 Appellant stated that he is restricting his request to cover only the Delhi branch of the CBI.

Decision Notice

6. After hearing both the parties Commission directs the CPIO to provide information as sought under point 1 to the Appellant in respect of Delhi branch of the Bureau. Also, in respect of point 3, the CPIO is directed to provide the date of suspension in respect of Inspector listed at serial no. 25 of an Annexure I.

7. Information as above to be provided within two weeks of receipt of the order.

(Smt. Deepak Sandhu)

Chief Information Commissioner

Citation: Shri Harkrishan Das Nijhawan v. Central Bureau of Investigation in Appeal: No. CIC/SM/A/2013/000676/DS