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Central Information Commission
*****
Dated: 10.2.2009
INTERIM ORDER in Case No. CIC/AT/A/2008/01268
Appellant Shri S.R. Hussain
Vs.
Respondents Ministry of Water Resources Hearing held on 3.2.2009
The interim order of the Commission is as follows:
“This matter came up for hearing on 3.2.2009, when both parties were present.
2. Respondents stated that the requested information ought not to be disclosed because it came
within the scope of privileged document as per the Vigilance Manual Chapter-XI.
3. This matter needs closer and detailed scrutiny in view of its larger implication – whether
fact-finding reports prepared for the perusal of disciplinary authorities are “privileged documents”.
4. Respondents are directed to file a written-statement, with an advance copy to the appellant,
within three weeks about their position regarding disclosure of the requested information and
especially whether it is possible to disclose this information after supplying the severability
provision under Section 10(1) of RTI Act.
5. Call for further hearing.”
Sd/-
(A. N. Tiwari)
Information Commissioner
Authenticated by
(D.C. Singh)
Assistant Registrar
Copy forwarded to:
1. Shri S.R. Hussain, H.No. 948, Sector 7C, Faridabad – 121 006. (Appellant),
2. Shri R. Mohan Kumar, Dy. Secretary & CPIO, Ministry of Water Resources, Shram Shakti
Bhavan, Rafi Marg, New Delhi – 110 001.
3. Shri Ram Mohan Mishra, Joint Secretary (Admn.) & C.V.O. & AA, Ministry of Water
Resources, Room No. 403, Shram Shakti Bhavan, Rafi Marg, New Delhi – 110 001.
The matter will be re-heard at 10:45 A.M. on 17.3.2009 in Room No. 305, 2nd Floor,
‘B’ Wing, August Kranti Bhavan, Bhikaji Cama Place, New Delhi – 110066. All concerned
are requested to attend the hearing. The respondents are directed to file their submissions to
the Commission within 3 weeks and copy be forwarded to the appellant.
(D.C. Singh)
Assistant Registrar