Can Information Commission ask the CBI to investigate a matter?
10 May, 2012The appellant sought the information regarding a news article published in the newspaper “Mumbai Mirror” related to revamping of bail bonds after scam by the Central Railway. He asked detailed information related to news article, the copy of the order of Central Information Commissioner regarding the subject, whether Information Commission has asked for a CBI probe into the matter saying that a departmental inquiry will not reveal the truth as senior officials are also known to be involved in the fraud and whether the Information Commissioner can pass/ direct or can ask CBI probe into the matter and under what provision of law. The PIO provided part information and denied the rest claiming what has been sought is not ‘information’ as defined under section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act.
View of CIC
The Central Information Commission (CIC) rejected the appeal while agreeing with the respondent’s submission that most of the queries of the appellant do not seek information as defined under section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act and the PIO is not competent to interpret the decision of the Commission or can comment on the query. He can only provide information what is available in material form which has been already provided to the appellant.
Citation: Mr. Pradeep M Sonthalia v. Central Information Commission in Decision No. CIC/SM/A/2011/000980/SG/18372
RTI Citation : RTIFI/2012/CIC/270
Click here to view original RTI order of Court / Information Commission