CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/LS/A/2009/000681
Appellant : Shri A.L. Makhjani
Public Authority : Department of Consumer Affairs
(through Shri G.P. Pillai, Dy. Secretary (CPIO)
& Shri Kishan Pal, Under Secretary)
Date of Hearing : 26.10.2009
Date of Decision : 26.10.2009
FACTS
:
By his letter of 15.1.2009, the appellant had sought information on
05 paras relating to the processing of suitable officers for the post of Addl.
Director General in the Bureau of Indian Standards. The appellant had also
requested for inspection of the file in which the matter was processed and
also to allow him to take extracts there from.
2. This was responded to by CPIO vide letter dated 13.2.2009 wherein
para-wise information was provided to the appellant. However, as regards
the inspection of the relevant file, the CPIO had refused to permit
inspection in terms of section 8 (1) (i) of the RTI Act. The Appellate
Authority had affirmed the decision of CPIO vide letter dated 9.4.2009.
3. The present appeal is directed against the orders of the CPIO/AA.
4. Heard on 26.10.2009. Appellant present. The public authority is
represented by the officers named above. During the hearing, the appellant
pleads that the stand taken by the CPIO and the Appellate Authority that
the inspection of the relevant file can not be permitted in terms of section 8
(1) (i) of the RTI Act is not sustainable in law. He draws the
Commission’s attention to the proviso appended to clause (i) of Section 8
(1) which provides for disclosure of the decisions of the Council of
Minister and the reasons thereof once decisions have been taken.
5. The appellant also draws my attention to several decisions of this
Commission in this regard wherein the cabinet papers etc have been
allowed to be disclosed. One such case is Appeal No.
CIC/WB/A/2008/00081decided on 23.10.2008 (P.D. Khandelwal Vs
DoPT) wherein the Commission had held as follows :-
“6. From a plain reading of the above provisos, the following may
be inferred :-
(i) “Cabinet papers, which include the records of deliberations of
the Council of Ministers, Secretaries and other officers shall be
disclosed after the decision has been taken and the matter is
complete or over.
(ii) The matters which are otherwise exempted under Section 8 shall
not be disclosed even after the decision has been taken and the
matter is complete or over.
(iii) Every decision of the Council of Ministers is a decision of the
Cabinet as all Cabinet Ministers are also a part of the Council of
Ministers. The Ministers of State are also a part of the Council
of Ministers, but they are not Cabinet Ministers.
As we have observed above, the plea taken by the First
Appellate Authority the decision of the Council of Ministers are
disclosable but Cabinet papers are not, is totally untenable. Every
decision of the Council of Ministers is a decision of the Cabinet and, as
such, all records concerning such decision or related thereto shall fall
within the category of “Cabinet Papers” and, as such, disclosable
under Section 8 (1) sub-section (i) after the decision is taken and the
matter is complete, and over.”
6. The appellant has also drawn my attention to two other cases
decided by this Commission viz. Appeal No. CIC/WB/A/2009/000108
decided on 28.7.2009 (A.K. Saxena Vs DoPT) and Appeal No.
CIC/WB/A/2007/01612 decided on 20.4.2009 (R.K. Tyagi Vs DoPT)
wherein disclosures were allowed on the authority of Khandelwal case
referred to above. It is, thus, the plea of the appellant that decisions of the
CPIO and the Appellate Authority in not permitting him inspection of the
relevant records and taking extracts there from are not sustainable in law.
7. On the other hand, it is the submission of Shri Pillai that the
decision of the Appointments Committee of the Cabinet has already been
intimated to the appellant and as such the direction of law has been
complied with. As regards the inspection of the relevant records, he would
submit that clause (i) of section 8(1) does not specifically provide that
inspection should be given to the appellant.
DECISION
8. Clause (i) and proviso attached thereto is extracted below :-
“(i) cabinet papers including records of deliberations of the
Council of Ministers, Secretaries and other officers:
Provided that the decisions of Council of Ministers, the
reasons thereof, and the material on the basis of which the
decisions were taken shall be made public after the decision has
been taken, and the matter is complete, or over:
Provided further that those matters which come under
the exemptions specified in this section shall not be disclosed.”
A bare rading of it would indicate that the decisions of the Council
of Ministers are disclosable after the decisions have been taken, as is the
case in the matter in hand.
9. I have also perused the decisions of this Commission referred to
above wherein it has been categorically laid down that Cabinet Papers are
disclosable once decisions have been taken. The decisions of the
Commission are in conformity with the statutory provisions. As to the
point raised by Shri Pillai that the clause (i) does not specifically provide
for inspection of documents etc, suffice to say that the text of the statute is
required to be interpreted in the proper context. When the proviso provides
for disclosure of information, it ipso facto also provides for giving
inspection to the requester. Viewed thus, the plea taken by Shri Pillai does
not have merit.
DECISION
10. In view of the above, the CPIO is hereby directed to permit the
appellant to carry out inspection of the relevant files and also to provide
him copies of documents on the payment of the prescribed fee.
11. The order of the Commission may be complied with 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 G.P. Pillai
Dy. Secretary (CPIO),
Department of Consumer Affairs,
Krishi Bhawan,
New Delhi-110001
2. Shri A.L. Makhjani
A.E. 148, Shalimar Bagh,
New Delhi-110088