JUDGMENT
A.N. Tiwari, I.C.
1. Shri K C Aggarwal has filed this appeal against the order dated 28.2.2006 of the CPIO and the order dated 7.4.2006 of the Appellate Authority, Shri K.S. Sugathan, Joint Secretary, Ministry of Home Affairs.
2. The matter was heard on 6.7.2006. The appellant was personally present. The Appellate Authority, Shri K S Sugathan, JS, MHA represented the public authority.
3. The appellant has made out a long list of queries to be answered by the CPIO. These number 35. A majority of these queries are interrogatory – prefixed with whys, hows and whats, aimed at eliciting from the public authority its opinion on aspects of the CBI case against the appellant which is dealt with by the public authority on its files The appellant had apparently attempted to obtain relief from the CAT but was unsuccessful.
4. The CPIO has furnished a part of the information to the appellant based upon his judgement of what was permissible under the RTI Act Both the CPIO and the Appellate Authority have denied the appellant access to the file notings And, this is precisely what the appellant desires to have. He informed the Commission that all he now wishes to have is access to notings of the files in which his case has been dealt with.
5. The plea of the Commission needs to be examined de-novo in terms of Section 8(1)(e) and 8(1)(i) and Section 11(1) of the RTI Act. It needs to be seen whether the notings of this confidential file are barred by any exemption such as Section 8(1)(e) and Section 8(1)(i) and whether the notings being in the nature of a third-party-confidential- entrustment to the superior officer, any decision regarding its disclosure should be in terms of Section 11(1) of the Act.
6. It is only proper that the Appellate Authority examines this matter in the light of the above observations and gives a clear finding.
7. The matter is, therefore, remitted back to the Appellate Authority for de-novo examination, within four weeks of the receipt of this order.
8. The appeal is disposed of with the above directions.
