Application was filed with Cabinet Secretariat seeking information regarding implementation of certain Cabinet Note was transferred to MoEF - FAA: Whether the matter is complete or over would only be known to the Ministry concerned - CIC: MoEF to reply
19 Mar, 2014ORDER
1. The Appellant through an RTI application dated 22.11.2012 sought information on 3 points viz., Cabinet Note document No 8041986 copy No 35 dated 05.09.1986; details of authority responsible to implement the Cabinet Note in the ICFRE and copies of mechanism, results adopted for implementation of Cabinet Note; letter and certificate received from MoEF/ICFRE stating that the Cabinet Note has been implemented effectively.
2. The CPIO replied to this application vide his letter dated 27.12.2012 which, to the extent it is relevant, reads as follows: “…the information being sought by you is exempt from disclosure in terms of 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; 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, 2005. However, your application is being transferred to the Ministry of Environment & Forests, the Ministry concerned in terms of section 6(3) of the RTI Act for taking decision in terms of the first proviso under 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; 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.”
3. Aggrieved by the CPIO’s reply/action, the Appellant filed an appeal dated 01.02.2013 before the Appellate Authority which the Appellate Authority decided vide his order dated 08.02.2013 wherein he recorded that “…the business of the Government of India is disposed of in the Ministries concerned with the approval of the competent authority, and the Ministries concerned are fully aware of all pertinent issues. Merely because the decision had been taken by the Cabinet, the responsibility does not get transferred to the Cabinet Secretariat. Whether the matter is complete or over would only be known to the Ministry concerned and therefore the information sought can be made available to the Applicant only by the Ministry concerned and it would not be within the jurisdiction of the Cabinet Secretariat to provide such information.” He accordingly advised the Appellant to pursue the matter with the concerned CPO in the Ministry of Environment and Forests.
4. The Appellant then filed the present appeal before the Commission challenging the decision of the Appellate Authority.
5. Having heard the submissions and perused the records, the Commission notes that the facts of this case are similar to the previous case (NO. CIC/SM/A/2013//000574) of Shri Ashok Kumar. The findings of the Appellate Authority in both the cases are also same. Therefore, the decision taken by the Commission in the previous case NO. CIC/SM/A/2013//000574 shall apply in the present case mutatis mutandis.
6. The CPIO, Ministry of Environment and Forests is accordingly hereby directed to furnish an appropriate reply to the Appellant corresponding to his RTI application dated 22.11.2012 within 3 weeks of receipt of this order.
7. The CPIO, Cabinet Secretariat, Shri S.K. Valiathan, who has also, like the previous case, made the same mistake in this case as well of recording his view while transferring the RTI application under section 6(3) of the RTI Act, is hereby advised to take a note of the legal position explained in the Commission’s order in previous case No. CIC/SM/A/2013//000574SS.
(Sushma Singh)
Chief Information Commissioner
Citation: Shri C.M. Sharma v. Cabinet Secretariat in Case No. CIC/SM/A/2013/000592SS