RTI Application seeking records of investigation against a company

Background

The appellant sought information regarding an investigation taken up by Serious Fraud Investigation Office (SFIO) against a company, such as the indexes of records of investigation, records of approval sought for investigation, copy of intimation to SFIO to withdraw investigation, letter issued to ICICI bank, HDFC bank and other banks etc. The Public Information Officer (PIO) refused for the information under section 8(1) (g) & (h) of the RTI Act, stating that the investigation proceedings were initially stayed by the Hon’ble High Court, Madras, due to certain technical infirmities in the order of Government. However, the Hon’ble Court ordered that once technical infirmities are rectified by the Government, the investigation may proceed.

View of CIC

The Central Information Commission (CIC) rejected the appeal observing that though the matter is currently not under investigation but it has also not been formally closed by the order of the Ministry which is the competent authority to do so, hence the sought information is exempt from disclosure under 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 RTI Act.

Citation: Shri G. Muniraj v. Serious Fraud Investigation Office in File No. CIC/SS/A/2011/001741, CIC/SS/A/2011/001743, CIC/SS/A/2011/001751