Copy of letters written by DGCEI sought under RTI
3 Oct, 2012Background
The appellant filed an application under the Right to Information (RTI) Act with the Directorate General of Central Excise Intelligence (DGCEI) seeking copies of letters written by DGCEI recommending his transfer from out of Bhopal. He requested all the documents, evidences, copy of note sheet, copy of complaint etc. in this regard. The Public Information Officer (PIO) referred to an earlier order of the Commission [CIC/SM/A/2011/000804/SS] and denied the information on the ground that the information, if disclosed, would reveal the name and identity of the complainant/ informer as well as the names of the officials involved in the investigation in this matter.
Proceeding
During the hearing before the Central Information Commission (CIC), the respondent informed that the complaint into the involvement of the appellant along with some other officers in the case of huge duty evasion of Central Excise against cigarette manufacturers of Bhopal is still under investigation by the DGCEI. Therefore, the information cannot be disclosed under the provisions of section 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; 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; & 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; 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.
View of CIC
The Central Information Commission (CIC) rejected the appeal observing that the information sought by the appellant is exempt from disclosure under sections 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; 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; & 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; of the RTI Act.
Citation: Mr. R.K. Kashiv v. Directorate General of Central Excise Intelligence in Case No. CIC/SM/A/2011/000804/SS
RTI Citation : RTIFI/2012/CIC/699
Click here to view original RTI order of Court / Information Commission