dsUnzh; lwpuk vk;ksx
Central Information Commission
*****
Dated: 13.3.2009
ORDER in Case No. CIC/AT/A/2008/01437
Appellant Shri Arun Bhardwaj
Vs.
Respondents Department of Revenue
Hearing held on 5.3.2009
The order of the Commission is as follows:
“Appellant called, absent. Respondents present through CPIO.
Appellate Authority has rejected appellant’s request under section 8(i)(e) of Right
to Information Act, without clarifying whether information was held in a confidential file
or one which was not so classified. In terms of decisions by Central Information
Commission matters in “open” files – files not classified as confidential etc. – should be
disclosed, including its file notings.
Therefore the entire matter needs to be reappraised.
Further it would be necessary to examine such information requests in term of
Section 11(1) of Right to Information Act read with section 2(h) and 2(n) and, in the
context of Section 124 of the Indian Evidence Act.
Appellate Authority will need to reflect on these aspects of the case afresh.
Matter in accordingly remitted to the Appellate Authority for de-novo
consideration and a decision to be given within 4 weeks of the receipt of this order.”
Sd/-
(A. N. Tiwari)
Information Commissioner
Authenticated by
Sd/-
(D.C. Singh)
Assistant Registrar
Copy forwarded to:
1. Shri Arun Bhardwaj, A – 6, 103C, D.D.A. Flats, Paschim Vihar, New Delhi – 110 063.
(Appellant)
2. Shri Unmesh Nagh, Under Secretary & CPIO, Tax Research Unit, Department of
Revenue, Room No. 146G, North Block, New Delhi – 110 001.
3. Shri Ravinder Saroop, Director (TRU) & AA, Tax Research Unit, Department of
Revenue, North Block, New Delhi – 110 001