Letter regarding lodging FIR against the appellant was denied u/s 8(1)(h) & (g) stating that disclosure would impede the process of investigation & identify the source of information given in confidence for law enforcement purposes - CIC: appeal dismissed

Copy of letter regarding lodging FIR against the appellant was denied u/s 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; 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; 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; & (g)  stating that disclosure would impede the process of investigation & endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes - CIC: appeal dismissed

ORDER

1. The appellant, Shri Sanjay Kumar Bhattacharya, submitted RTI application dated December 25, 2013 before the Central Public Information Officer (CPIO), National Sample Survey Office, Lucknow seeking copy of letter no. 1 (Misc.) U.P.N/1314/ 38 dated 08.11.2013 sent by Shri Pramod Chandra A.D & Head of Office NSSO (FOD) Bareilly to Thana Incharge, Prem Nagar, Bareilly with reference to lodging FIR against the appellant etc.

2. Vide reply dated January 15, 2014, the CPIO denied the information u/s 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; 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; 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 RTI Act, 2005. Not satisfied with the reply given by the CPIO concerned, the appellant preferred an appeal dated January 29, 2014 to the first appellate authority (FAA) alleging that he had been wrongly denied the requisite information. Vide order dated March 5, 2014, the FAA further denied the information u/s 8(1)(g) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; of the RTI Act, 2005.

3. Dissatisfied with the public authority, the appellant preferred the present appeal before the Commission stating that exemption u/s 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; 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; 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; & (g) was not applicable to his case.

4. The matter was heard by the Commission. The appellant was not present during hearing in spite of a notice of hearing having been issued to him. The respondents stated that the information sought by the appellant related to FIR loged against him by Bareilly office to Prem Nagar Thana, Bareilly and the case was being investigated by Prem Nagar Police Post. The information sought by the appellant was therefore not provided to him by the DDG (CZ) and CPIO, Lucknow in view of section 8(1) (h) as the disclosure of the information would impede the process of investigation. They added that the disclosure of the information could endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes and hence was not supplied u/s 8(1) (g) of the RTI Act, 2005 too. The appellant was not present to point out any shortcoming(s) in the reply given to him.

5. The Commission upholds the decision of the respondents. The appeal is disposed of.

(Manjula Prasher)

Information Commissioner

Citation: Shri Sanjay Kumar Bhattacharya v. National Sample Survey Office in Appeal No. CIC/MP/A/2014/000919