Correspondence with DoPT & file notings of DEA regarding extension of tenure of Mr Rana as CMD was denied u/s 8(1)(i) claiming information cannot be disclosed till ACC takes a decision - CIC: Respondents to take a decision after going through the records
25 Dec, 2015ORDER
CIC/MP/A/2014/001130
1. The appellant, Shri M S Rana, submitted RTI application dated March 14, 2014 before the Central Public Information Officer (CPIO), Department of Economic Affairs, New Delhi seeking information regarding CVC direct enquiry by CVC in respect of the procurement of One Line Printing Machine at BNP, Dewas (SPMCIL) etc., through a total of 4 points.
2. Vide letter dated April 11, 2014, the CPIO denied the information sought for stating that Currency & Coinage Division had initiated disciplinary proceedings in the matter, therefore information could not be provided u/s 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. Dissatisfied with the reply given by the CPIO, the appellant preferred an appeal dated April 21, 2014 to the first appellate authority (FAA) alleging that he had been wrongly denied the information by the CPIO concerned. Vide order dated May 20, 2014, the FAA upheld the decision of the CPIO.
3. Dissatisfied with the public authority, the appellant preferred the present appeal before the Commission.
4. The matter was heard by the Commission. The appellant stated that the respondents had cited 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 to deny the information asked by him whereas the case had been closed by CVC with the consent of disciplinary authority on December 7, 2011 as there was no vigilance angle and had also granted clearance for interview as CMD, NMDC and BHEL. The department had taken up the old case as a ground for refusing extension and issued a charge sheet. The respondents stated that on the advice of the CVC, the disciplinary authority had closed the disciplinary case and allowed the matter to rest. The file relating to the matter was with administrative division for taking decision in the matter and that they will be able to provide the copies of correspondence after the final decision in the matter is received.
5. The Commission directs the respondents to provide the correspondence sought for in the matter within a week of the receipt of the final decision in the matter. The appeal is disposed of. CIC/MP/C/2014/000056
1. The complainant, Shri M S Rana, submitted RTI application dated July 31, 2014 before the Central Public Information Officer (CPIO), Department of Economic Affairs, New Delhi seeking correspondence with DoPT and file notings of Department of Economic Affairs from January 1st, 2014 till the date of supply of the RTI information regarding extension/non extension of tenure of Shri MS Rana as CMD, SPMCIL etc.
2. Vide letter dated August 19, 2014, the CPIO denied the information sought for stating that said information could not be disclosed till ACC takes a decision, therefore information could not be provided 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; of the RTI Act. Dissatisfied with the reply given by the CPIO, the complainant preferred an appeal dated September 10, 2014 to the first appellate authority (FAA) alleging that he had been wrongly denied the information by the CPIO concerned. Vide order dated October 10, 2014, the FAA upheld the decision of the CPIO.
3. Dissatisfied with the public authority, the complainant preferred the present complaint before the Commission.
4. The matter was heard by the Commission. The complainant stated that the respondents had cited 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 to deny the information asked for by him which was not applicable to his case. He stated that he had asked information in the same case from DoPT regarding the correspondence with Department of Economic Affair through RTI applications and the same was duly provided by DoPT. The respondents stated that they will be able to provide the correspondence sought which related to the ACC proposals once a final decision is taken in his case.
5. The Commission holds that the respondents will take decision after going through the records. The complaint is closed.
(Manjula Prasher)
Information Commissioner
Citation: Shri M S Rana v. Department of Economic Affairs in Appeal No. CIC/MP/A/2014/001130
CIC/MP/C/2015/000056