Report prepared by IIU regarding corrupt practices by private contractors working on national highways funded by World Bank - investigation ongoing – confidentiality requirement of the multilateral lending agencies - exempt u/s 8(1)(f) and 8(1)(h)
7 Aug, 2013ORDER
1. The appellant filed an RTI application dated 4.4.2012 addressed to the CPIO, Ministry of Road Transport & Highways seeking information on (15) points in relation to the news item “World Bank cries fraud, graft in highways projects”. The appellant sought the complete information regarding a report prepared by World Bank’s Institutional Integrity Unit regarding some corrupt practices by private contractors working on national highways funded by World Bank. The appellant seeks to know whether the Finance Minister has forwarded such report to the Ministry of Road Transport & Highways, action taken on the said report, whether the MoRTH & NHAI was already aware of such malpractices, names of companies/ firms referred in the world bank report, whether one of the directors/ partners etc of such company involved in the project is related to some Parliamentarian or his family members/relations/associates etc The appellant sought some more information related to the points stated above.
2. The CPIO vide reply dated 5.6.2012 with regard to point no. (1) to (4) the CPIO replied as affirmative wherein the appellant sought to know whether such report has been received or not, however, with regard to point (2), (3), (5), (7) to (14) the CPIO informed the appellant that as World Bank INT investigation is still ongoing, the World Bank vide their letter dated 1.3.2012 has sought strict confidentiality of the information contained therein and that accordingly the information may not be provided under section 8 & section 11 of the RTI Act.
3. Not satisfied with the reply the appellant filed first appeal dated 9.6.2012 mainly on the ground that no subsection of the section 8 of RTI Act has quoted to deny the information. The first appellate authority vide order dated 21.6.2012 held as under: “Regarding your appeal against your query no. 2,3,5,6 & 7 to 14, it is to intimate that the information sought cannot be provided in view of confidentiality requirement of the multilateral lending agencies and ongoing investigation in the subject matter, pursuant to section 8(1)(f) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information received in confidence from foreign Government; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information received in confidence from foreign Government; and 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. It is further to mention that World Bank INT report was received through DEA and accordingly CPIO sought opinion of DEA pursuant to section 11(1) Where a Central Public Information Officer or a State Public Information Officer, as the case may be, intends to disclose any information or record, or part thereof on a request made under this Act, which relates to or has been supplied by a third party and has been treated as confidential by that third party, the Central Public Information Officer or State Public Information Officer, as the case may be, shall, within five days from the receipt of the request, give a written notice to such third party of the request and of the fact that the Central Public Information Officer or State Public Information Officer, as the case may be, intends to disclose the information or record, or part thereof, and invite the third party to make a submission in writing or orally, regarding whether the information should be disclosed, and such submission of the third party shall be kept in view while taking a decision about disclosure of information: of the RTI Act before furnishing reply to you.”
4. The Commission concurs with the decision of the first appellate authority as the organization world bank is formed from the mandate of sovereign member nations, the application of section 8(1)(f) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information received in confidence from foreign Government; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information received in confidence from foreign Government; is upheld. Furthermore, in view of the ongoing investigation 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; would also be applicable in the present matter. The appeal is disposed off accordingly.
Sushma Singh
Information Commissioner
Citation: Subhash Chandra Agrawal v. Ministry of Road Transport & Highways in Case No. CIC/SS/A/12/0002563