Can information pertaining to one’s own suspension be disclosed under RTI?
25 Dec, 2012Background
The appellant filed an application under the Right to Information (RTI) Act with the Office of the Commissioner of Central Excise & Custom Surat-II seeking information pertaining to his suspension. The Public Information Officer (PIO) did not respond to the application. The First Appellate Authority (FAA) observed that the appellant was posted in this Commissionerate and was suspended for a while. Upon revocation of suspension, the appellant was transferred to Surat-II Commissionerate without regularization of his suspension period so the appellant should file the first appeal before FAA, Surat-I Commissionerate. The Central Information Commission (CIC) remitted back the matter to the FAA, Surat-1 Commissionerate with the direction to pass speaking order after giving an opportunity of hearing to the appellant and after taking into consideration the points raised by him in his second-appeal. The FAA after giving an opportunity of hearing to the appellant rejected the appeal 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; 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 2005 stating that it may affect the investigation proceedings pending in the case.
Proceeding
During the hearing before the Central Information Commission (CIC), the respondent submitted that the information was denied as it is exempt from disclosure as per 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 RTI Act 2005. The further submitted that a case of fraudulent availment of rebate of Central Excise duty was detected and investigation was being carried out against 83 departmental officers. Subsequently the case was also investigated by the C.B.I. and no reply from DGV (Vigilance) was received and therefore no information could be imparted as the same might have resulted into adversely affecting the investigation.
View of CIC
The Commission held that the appellant is entitled to know the grounds of his suspension and directed the PIO to provide grounds of suspension to the appellant. Regarding the rest of the information sought by the appellant, the CIC upheld the decision of the FAA.
Citation: Mr. K.L. Chohan v. Office of the Commissioner of Central Excise & Custom in Case No. CIC/SS/A/2012/000370
RTI Citation : RTIFI/2012/CIC/902
Click here to view original RTI order of Court / Information Commission