Copy of file notings related to non-acceptance of CAT order

Background

The appellant was a Constable in Delhi Police who claimed that due to intra police rivalry, he was implicated in the Timarpur Police encounter case and was dismissed from the service without proper enquiry. He wanted to get information as to why the Delhi Police is not complying with the CAT order, and sought the “File Notings” after the order of the Central Administration Tribunal (CAT), to restore the service of the appellant. The Public Information Officer (PIO) replied that the same cannot be provided due to exemption under section 8(1)(e) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; of the RTI Act, 2005.

View of CIC

The Central Information Commission rejected the plea of the respondents and held that section 8(1) (e) was not applicable in the case as the file notings are not held in fiduciary capacity. The Commission directed the PIO to provide the copies of file notings after the CAT order to the appellant.

Comments

There are a number of cases where the organisations are not implementing the CAT orders without any reasonable grounds.

Citation: Shri Ashok Kumar v Delhi Police North District in File No. CIC/SS/A/2010/000220