Certified copy of file dealing with the appointment of Shri Ranjit Siha, IPS as Director, CBI was denied u/s 8(1)(i) claiming that ACC papers are exempted from disclosure - CIC: provide the information as there is no ‘stay order’ by court in this case
30 May, 2014Certified copy of entire file dealing with the appointment of Shri Ranjit Siha, IPS as Director, CBI was denied u/s 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; 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; claiming that ACC papers are exempted from disclosure - CIC vide its decision in P D Khandelwal v. DoPT (CIC/WB/A/2008/00081) dated 23.10.2008 had allowed the disclosure of records related to ACC which they had challenged in Delhi High Court by way of writ petition by DoPT - The single bench of Delhi High Court too directed for disclosure which was stayed by division Bench vide an interim order dated 12.07.2010 - CIC: provide the information as there is no ‘stay order’ insofar this case is concerned; the public authority has not pleaded that the issue is still pending for consideration by the Cabinet
ORDER
The present appeal, filed by Shri B.R. Jogdankar against Department of Personnel & Training (DoPT), was taken up for hearing on 09.04.2014 when the Respondents were present through Shri M. Devaraj, Director and Shri S. Basu, Under Secretary. The Appellant was however not present.
2. The Appellant through an RTI application dated 07.03.2013 (filed with the CPIO, PMO) wanted to obtain certified copy of entire file dealing with the appointment of Shri Ranjit Siha, IPS as Director, CBI.
3. The CPIO, PMO vide his letter dated 18.03.2013 transferred this application to the DoPT under section 6(3) of the RTI Act.
4. The CPIO, DoPT accordingly replied to this application vide his letter dated 02.04.2013 informing the Appellant that “ACC papers being part of Cabinet papers are exempted from disclosure 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; 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.”
5. Aggrieved by the CPIOs reply, the Appellant filed an appeal dated 23.04.2013 before the Appellate Authority which the Appellate Authority disposed of vide his order dated 01.07.2013 recording that ACC notes being part of Cabinet papers are exempted 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; 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. Further, disclosure of Cabinet papers under RTI Act is presently being contested by them in court.
6. The Appellant then filed the instant appeal before the Commission challenging the Respondents’ decision.
7. During the hearing, the Respondents inform the Commission that the matter related to disclosure of ACC papers is under consideration of Delhi High Court in UOI v P.D. Khandelwal. They inform that the CIC vide its decision in P D Khandelwal v. DoPT (CIC/WB/A/2008/00081) dated 23.10.2008 had allowed the disclosure of records related to ACC which they had challenged in Delhi High Court by way of writ petition. This writ petition was however dismissed by the single Bench of Delhi High Court vide order dated 30.11.2009. Therefore they moved an LPA in the matter seeking stay of the order dated 30.11.2009. The division Bench of Delhi High Court accordingly vide an interim order dated 12.07.2010 stayed the operation of the order dated 30.11.2009 of its single Bench. They also bring to the Commission’s notice another similar matter wherein the Delhi High Court had followed the similar approach and stayed the operation of the impugned order allowing disclosure of records related to ACC.
8. Apparently there is no ‘stay order’ insofar this case is concerned. The Commission must also consider the rights of the appellant as a citizen to secure desired information unless disclosure of such information is exempted under the law. 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; 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; exempts disclosure of ‘Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and Other Officers’ but the first Proviso also clearly provides that the decisions of Council of Ministers, the regions 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. The public authority before the Commission has not pleaded that the issue is still pending for consideration by the Cabinet. On the other hand it appears that the issue under consideration is no more pending rather it appears to be an issue, which is over. Under the circumstances, the public authority is obliged to disclose the information and the appellant is entitled to get the information. In this case is no other ground has been taken b y the concerned public authority to deny the information.
9. The appeal is accordingly allowed and the public authority is directed to provide the requested information to the appellant.
10. Directions of the Commission are to be complied with within fifteen days of receipt of this order.
(Sushma Singh)
Chief Information Commissioner
Citation: Shri B.R. Jogdankar v. Department of Personnel & Training in Case No. CIC/SM/A/2013/001157SS