Copy of permission given by the DOPT to the CBI to be disclosed

Background

The appellant wanted to get a photocopy of the permission given by the Department of Personnel & Training (DoPT) to the CBI for appealing against the acquittal order passed by the Special Judge in his case. The PIO denied the information by invoking the 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; of the Right to Information (RTI) Act. The Appellate Authority also endorsed the decision of the PIO.

View of the CIC

The Commission saw the relevant records and found nothing the disclosure of which could impede the prosecution of the offender. The records showed that the competent authority had, in consultation with the Ministry of Law, conveyed the permission to file the appeal. The Commission directed to provide the photocopy of the permission granted by the DoPT along with the advice received from the Ministry of Law as it cannot adversely affect the case of the CBI before the appellate court. The Commission held that this case is unique and cannot be cited as precedent and information in other cases have to be dealt with independently on a case to case basis.

Citation: Shri Subhash Chandra Verma v. Department of Personnel &Training in file no. CIC/SM/A/2011/000488