CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/A/2009/000232
Dated, the 31st July, 2009.
Appellant : Shri Shankar Sharma
Respondents : Securities & Exchange Board of India (SEBI)
This matter came up for hearing on 30.07.2009 in the presence of
both parties.
2. It is seen from the Appellate Authority’s order dated 11.12.2008
that he has turned down the request for disclosure of information
comprised in appellant’s RTI-application dated 20.09.2008 on the
ground that the queries were for explanations and elucidations which
were impermissible as these went beyond Section 2(f).
3. A perusal of appellant’s RTI-application shows that the points
made therein originated from a set of information which respondents
had already disclosed to the appellant on 08.09.2008. Certain
expressions such as “certain quarters”, “certain entities”, “certain
scrips”, “certain criteria”, “feedback”, etc., among others, used in the
above-mentioned communication of the CPIO were either unclear or
needed to be connected to the source of the information to be clearly
understood. The justification given by the Appellate Authority for not
disclosing the requested information, i.e. that the queries amounted to
seeking explanations, therefore, needs to be examined in the context of
the compulsion faced by this applicant on account of use ⎯ in the
disclosed information earlier ⎯ of inexact expressions. The appellant
calling upon the respondents to let him know what they meant by using
words such as “certain quarters”, “certain entities” and so on in the
reply to his earlier RTI-query, therefore acquires meaning and
substance. Such a query cannot be brushed aside as being interrogatory
or one seeking explanations.
4. What is important, given the context of the present
RTI-application of the appellant, is for the respondents to clearly
establish whether more definitive answers could be provided to the
appellant in respect of the queries he has included in his
RTI-application. For this, it is necessary to make a determination first
of the existence of such information which will provide meaning and
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substance to the queries appellant has made by substituting inexact
expressions with definitive ones.
5. As such an exercise can be best done at the level of the Appellate
Authority (as he sits closest to the point where such information is
held), it is directed that matter be remitted back to Shri M.S. Sahoo,
Appellate Authority, SEBI for him to hold a hearing comprising the
appellant, the CPIO and the holders of the information and decide
de-novo as how to respond to each item of query. This exercise shall be
completed by the Appellate Authority within one month of the receipt
of this order.
6. Appeal disposed of with this direction.
7. Copy of this direction be sent to the parties.
( A.N. TIWARI )
INFORMATION COMMISSIONER
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