Central Information Commission, New Delhi
File No.CIC/WB/A/2009/000806SM
Right to Information Act2005Under Section (19)
Date of hearing : 10 January 2011
Date of decision : 12 January 2011
Name of the Appellant : Shri M.S. Malik
Jat Bhawan, 2B, Sector - 27A,
Madhya Marg, Chandigarh - 160 019.
Name of the Public Authority : CPIO, Central Bureau of Investigation,
Anti Corruption Branch,
Sector - 30A, Chandigarh.
The Appellant was present in person.
On behalf of the Respondent, Shri Amitabh S Dhillon, SP, ACB, CBI was
present.
Chief Information Commissioner : Shri Satyananda Mishra
Hearing held on 10 January 2011:
2. As directed during the hearing on 7 January 2011, both the parties
appeared before us today, i.e., 10 January 2011. The Respondents produced
the relevant case files containing the file notings on the case in which the
proposal to add the Appellant’s name as an accused had been dismissed by
various authorities within the CBI. We carefully perused the notings recorded at
CIC/WB/A/2009/000806SM
various levels beginning the Investigating Officer (IO) up to the Director, CBI.
These notings, very elaborately and extensively, detailed the nature of the
case, the relative value of the evidence, the strategy to be adopted for
prosecution and the strength and weakness of the evidence available against
each accused. The apprehension of the Appellant that his name had been
added arbitrarily at the highest level in CBI because of some partisan reasons
is not borne out by our reading and appreciation of the file notings. We fully
agree with the contention of the Respondents that, if disclosed, these notings
could impede the prosecution of the accused persons. It is, therefore, better
that the Trial Court, if it considers desirable can summon these records and
decide for itself if the decision to add the name of the Appellant as an accused
in this case is justified or not. It is not for this Commission to reach any
conclusion in the matter.
3. With the above observations, the appeal is disposed off.
4. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
Chief 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.
(Vijay Bhalla)
Deputy Registrar
CIC/WB/A/2009/000806SM