Information regarding ex-gratia payment to the Bhopal Gas Victims

Background

The appellant sought the copy of order of the Central Government and the Circular of the Welfare Commissioner on the subject of Exgratia payment to the Gas Victims. The Public Information Officer (PIO) informed the appellant that it was not possible for him to provide the information without giving any reasons. The First Appellate Authority (FAA) also rejected the appeal under section 8(1) (i) of the RTI Act stating that the decision of Group of Ministers was exempt from disclosure under the said section. Later the PIO of the Ministry of Chemicals & Fertilizers claimed that a copy of the minutes of Cabinet meeting had been provided to the appellant. The PIO of the Welfare Commissioner also confirmed that they have provided to the appellant a copy of the order issued by the Welfare Commissioner on ex-gratia along with a copy of the Action Plan on procedure for disbursal of ex-gratia.

View of CIC

The Central Information Commission (CIC) rejected the appeal stating that the requisite information has already been given to the appellant.

Comments

The 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; of the RTI Act does not apply to the minutes or circulars of Cabinet meeting after the decision has been taken, and the matter is complete, or over.

Citation: Shri Umashankar v. Office of the Welfare Commissioner in Case No. CIC/SS/C/2011/000362