CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/SM/A/2009/000988/LS
Appellant : Shri Swapan Deb
Public Authority : Indian Navy
(through Cdr S.K. Gupta & Shri B. Raj
Gopalan, Director (Civilian) (Pers))
Date of Hearing : 9.11.2009
Date of Decision : 9.11.2009
FACTS
:
The matter, in short, is that the CAT, New Delhi, had passed an
order dated 8.6.2007 in OA No. 2228 of 2006 in favour of the
appellant directing the competent authority to fix him in the payscale
of Rs. 7500-12000. The competent authority has filed a W.P. against
the CAT order in the Hon’ble Delhi High Court. By his letter of
30.1.2009, the appellant had requested for the file notings made in
this connection from 8.6.2007 to 8.2.2008.
2. The CPIO had refused to disclose this information vide letter
dated 27.2.2009 u/s 8 (1) (e) of the RTI Act. The Appellate Authority
had affirmed the decision of CPIO vide letter dated 23.4.2009.
3. Hence, the present appeal.
4. Heard on 9.11.2009. Appellant present. The public authority
is represented by the officers named above. The parties are heard.
The appellant strongly pleads for disclosure of this information. Cdr
Gupta, however, resists it on the ground that the matter is sub-judice.
5. On a thoughtful consideration of the matter, I am of the opinion
that the view taken by the CPIO and the Appellate Authority is not in
confirmity with the provisions of RTI Act inasmuchas the
information requested for by the appellant can not be said to be held
in fiduciary capacity by the public authority. The appellant is asking
for file notings which are being held by the public authority in official
capacity. Importantly, the matter does not have any security
implications. The disclosure of the file notings in question is not
exempted from disclosure under any of the clauses of section 8 (1) of
the RTI Act.
DECISION
6. In this view of the matter, the orders of the CPIO and Appellate
Authority are set aside and the CPIO is directed to provide copies of
relevant file notings to the appellant in 04 weeks time.
Sd/-
(M.L. Sharma)
Central Information Commissioner
Authenticated true copy. Additional copies of orders shall be
supplied against application and payment of the charges, prescribed
under the Act, to the CPIO of this Commission.
(K.L. Das)
Assistant Registrar
Address of parties :-
1. Shri S.K. Gupta
CPIO, Integrated HQ,
M/o Defence (Navy), Sena Bhawan,
New Delhi-110011
2. Shri Swapan Deb
A-33, Kailash Colony,
New Delhi-110048