Central Information Commission
File No.CIC/SM/A/2009/000973 dated 02032009
Right to Information Act2005Under Section (19)
Dated: 13 April 2010
Name of the Appellant : Shri T. Ashwini Kumar Reddy
261/254, NGO Colony,
B V Nagar, A K Nagar,
PO Nellore - 524 004.
Name of the Public Authority : CPIO, Andhra Pragathi Grameen Bank,
Head Office, P.B.No. 65,
Kadapa - 516 001, A.P.
The Appellant was present in person.
On behalf of the Respondent, Shri B. Ananthrao, CPIO was present.
2. In this case, the Appellant had, in two separate letters both dated 2
March 2009, requested the CPIO for a copy each of the charge sheet submitted
by the CBI seeking his prosecution and the internal investigation report
prepared and submitted by the Regional Manager. In two separate replies, both
dated 5 March 2009, the CPIO refused to part with the information by claiming
exemption under Section 8(1) (d), (e) and (j) of the Right to Information (RTI)
Act. Not satisfied with the reply of the CPIO, he had preferred an appeal on 12
March 2009 which the Appellate Authority rejected in his order dated 3 April
2009 by endorsing the decision of the CPIO. It is against this order that the
Appellant has come to the CIC in second appeal.
3. We heard this case through videoconferencing. The Appellant was
present in the Nellore studio of the NIC. The Respondents were present in the
CIC/SM/A/2009/000973
Cuddapah studio. We heard their submissions. The Respondents argued that
the CBI was yet to file the charge sheet in the court of law and the matter was
still under investigation and the disclosure of the desired information at this
juncture could adversely affect the course of the investigation and consequent
apprehension of the offender. They cited the exemption provision as contained
in Section 8(1) (h) of the Right to Information (RTI) Act in this connection. On
the other hand, the Appellant submitted that the CBI had completed the
investigation and had sought the permission of the employer to prosecute him.
He further submitted that in view of this, the desired information could easily be
disclosed now.
4. After carefully considering the submissions made by both the parties and
keeping in view the facts on record, we think that this may not be the
appropriate time to disclose the desired information which appeared to be
crucial documents in this case. Once the CBI files the chargesheet in the
relevant court of law, the Appellant would have an opportunity to obtain these
very records from that court or he could seek for these records from the CPIO
at that time. We do not think it right to interfere in the decision of the CPIO at
this juncture.
5. The appeal is thus disposed off.
6. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
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.
CIC/SM/A/2009/000973
(Vijay Bhalla)
Assistant Registrar
CIC/SM/A/2009/000973