Central Information Commission
Mr. R Venkataraman M A B L vs Cbi on 10 January, 2011
Central Information Commission, New Delhi
File No.CIC/WB/A/2010/000201SM
Right to Information Act2005Under Section (19)
Date of hearing : 10 January 2011
Date of decision : 10 January 2011
Name of the Appellant : Shri R Venkataraman M A B L
No.13, Pillaiyar Koil Street,
Gayathri Flats, Krishna Nagar,
Pammal, Chennai.
Name of the Public Authority : CPIO, Central Bureau of Investigation,
Anti Corruption Branch, Shastri Bhawan,
III Floor, Nungambakkam, Chennai.
The Appellant was not present in spite of notice.
On behalf of the Respondent, Shri Arunachalam, DIG & CPIO was
present.
Chief Information Commissioner : Shri Satyananda Mishra Decision Notice Appeal allowed Elements of the decision:
CPIO is directed to provide information.
2. We heard this case through video conferencing. The Appellant was not present in spite of notice. The Respondent was present in the Chennai studio of the NIC. We heard his submissions.
CIC/WB/A/2010/000201SM
3. The Appellant had wanted the photocopies of eight documents in all relating to a particular case which the CBI had investigated. The CPIO had not provided any information by claiming that the matter was sub judice. The Appellate Authority, however, provided some of the information. During the hearing, the Respondent submitted that out of the eight documents listed by the Appellant, copies of seven of them had since been provided to him although the order of the Appellate Authority does not show that all such records have indeed been provided to the Appellant. In regard to the file noting, the Respondent argued that it was in the nature of case diary and was exempt from disclosure under various other laws. Since the Right to Information (RTI) Act does not specifically provide any exemption for such documents, there is no ground for withholding this information, especially, since, in this case, the investigation is already over and the matter has been finally reported with the approval of the competent court. Disclosure of any such information cannot any longer have any effect either on the investigation or the prosecution of the offenders.
4. In the light of the above, we direct the CPIO to provide to the Appellant within 10 working days from the receipt of this order the photocopies of all the records sought by the Appellant after deleting the name and all references to the source of the information, if any, in order to protect the source from any possible danger to its safety and, excluding, however, those records the copies of which have already been provided to the Appellant.
5. The appeal is disposed off accordingly.
6. Copies of this order be given free of cost to the parties. CIC/WB/A/2010/000201SM (Satyananda Mishra) Chief 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.
(Vijay Bhalla) Assistant Registrar CIC/WB/A/2010/000201SM