INFORMATION COMMISSION
Appeal No. CIC/ WB/A/2009/000086/SS dated 8.10.2008
Right to Information Act 2005 - Sec23on 19
Name of the Appellant : Sh. Niraj Kumar, New Delhi-64
Name of the Public Authority : Ministry of Home Affairs
Background
Vide RTI application dated 12.05.2008, the appellant sought certain
information regarding the case in which the M/o Home Affairs granted sanction of
prosecution to the CBI against him and the other matters connected with the case
pending before the CBI Court. Sh. Shyamala Mohan, CPIO and Dy. Secretary,
Ministry of Home Affairs, denied the information under Section 8(1)(h) & (j) of the
RTI Act, 2005.
Aggrieved with the decision of the CPIO, the appellant filed a first appeal
before the First Appellate Authority (FAA). The FAA also upheld the decision of the
CPIO. Thereafter, the appellant filed a second appeal before the Commission.
2. The matter was heard on 25.11.2009
3. Sh. Niraj Kumar, the appellant was present for the hearing
4. Sh. R. P. Nath, Jt. Secretary, Sh. Shyamala Mohan, Dy. Secretary and
Sh. Arvind Mukherjee, Under Secretary represented the respondent.
During the hearing the respondent submits that the case is pending before the
CBI Court and the disclosure of information may hamper the prosecution of the
accused and that the information is exempted under Section 8(1)(h) of the RTI
Act. 2005.
Decision
On examining the RTI application and reply of the CPIO, and keeping in
view the facts and circumstances of the present case, the Commission finds that
the desired information falls under Section 8(1)(h) of the RTI Act, 2005. The order
of the CPIO and Appellate Authority, therefore, cannot be interfered with.
In Shyamala Mohan vs Union of India and there is W.P. (C) number 16712/2006,
the Hon’ble High Court of Delhi has held that information regarding the sanction
of prosecution may impede the prosecution of offenders and it cannot be provided
under the RTI Act, as the same is exempted under Section 8(1)(h) of the RTI Act.
2005. However after examining the RTI Application of the Appellant the
Commission finds that in point number (xxi) of his RTI application, the appellant
has sought a copy of the opinion of the department of Legal Affairs in the matter
of CAT judgment in O.A. 868/2006.
On point number xxii. the Appellant wants to know when the opinion of
D/o Legal Affairs, Ministry of Law was sought on the subject of disciplinary action
against him. He has also sought a copy of the letter in which the legal opinion
was sought. On these points the Commission finds that the information sought
will not hamper the prosecution of the offender. On point number (xiii) the
respondents are directed to provide to the Appellant a copy of the letter vide
which CR dossiers of the Appellant was sent to DOP&T since this is not personal
information covered by Section 8(1)(j) of the RTI, Act,. 2005 as stated by the
CPIO in his reply.
The respondents are, therefore, directed to provide information on these
three points.
The matter is disposed off subject to the above direction.
(Sushma Singh)
Information Commissioner
25.11.2009
Authenticated true copy
(Prem Singh Sagar)
Under secretary & A.R.
25.11.2009
Copy to:
1. Sh. Niraj Kumar
A-16 (GF) Nari Nagar
Clock Tower
New Delhi
2. Sh. Shyamala Mohan
Dy. Secretary
Govt. of India,
M/o Home Affairs (Vigilance Cell)
North Block
New Delhi
3. Sh. R. P. Nath
Jt. Secretary
Govt. of India,
M/o Home Affairs (Vigilance Cell)
North Block
New Delhi