Central Information Commission
Shaqeel Ahmad vs Northern Railway Firozpur on 9 July, 2020
CIC/NRALF/A/2018/152400
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या/ Second Appeal No.CIC/NRALF/A/2018/152400
In the matter of:
Shaqeel Ahmad ... अपीलकता /Appellant
VERSUS
बनाम
The Central Public Information
Officer (CPIO) ,
Northern Railway,
Lucknow Division,
Hazratganj, Lucknow.
... ितवादीगण /Respondent
Relevant dates emerging from the appeal:
RTI :08.02.2018 FA : 12.03.2018 SA : 24.08.2018
CPIO: 06.03.2018 FAO : 27.04.2018 Hearing : 07.07.2020
The following were present:
Appellant: Shri Saidur Rahman, Representative, heard over the phone
Respondent: Shri M K Sonkar, ACM, Northern Railway, Lucknow Division,
Hazratganj, Lucknow, heard over the phone
Page 1 of 6
CIC/NRALF/A/2018/152400
ORDER
Information Sought:
The appellant filed an RTI application on 08.02.2018 seeking information on four points, including;
1) To provide the basis, along with the certified copies of the supportive documents, regarding non-compliance of DoPT's order dated 10-
14.11.2017 in case no. 14 (Misc.3) 2017/ C 1, despite the submission of collective application of the applicant and others.
2) To provide inspection of entire file related to case no. 14 (Misc.3) 2017/ C 1 to Mr. Saidur Rahman and to provide certified copies of documents indicated at the time of inspection of file.
3) To provide inspection of entire file related to compliance of order dated 10-14.11.2017 in case no. 14 (Misc.3) 2017/ C 1, to Mr. Saidur Rahman and to provide certified copies of documents indicated at the time of inspection of file.
4) To provide the justification for any other information so supplied or not supplied with the supporting documents, circular/policy/ rule on abovementioned points at sl.no. (1) to (3).
The CPIO, vide letter dated 06.03.2018, denied disclosure of information u/s 8(1)(b) of the RTI Act, 2005 stating that the order passed by DoPT dated 10- 14.11.2017 has been challenged by the railway administration before the Allahabad High Court, Lucknow bench. Being aggrieved by the reply given by CPIO, the appellant filed first appeal dated 12.03.2018. FAA's order, if any, is not available on the record of the Commission.
Page 2 of 6CIC/NRALF/A/2018/152400 Grounds for Second Appeal:
The appellant filed second appeal u/s 19 of the Act on the ground of unsatisfactory reply furnished by the respondent. He requested the Commission to direct the CPIO to provide the information sought for and to take appropriate legal action against the respondent and also sought compensation for the physical and mental harassment suffered by the appellant.
Submissions made by Appellant and Respondent during Hearing:
The appellant's representative reiterated the contents of the RTI application and submitted that he had sought information pertaining to DoPT's order dated 10- 14.11.2017 in case no. 14 (Misc.3) 2017/ C which was passed in his favor. He further submitted that at the time of filing the RTI application i.e. on 08.02.2018, the above said order has not been challenged by Railways. However, the respondent did not furnish any information with respect to the action taken in compliance of DoPT's order dated 10-14.11.2017 from 14.11.2017 to 08.02.2018.
He further submitted that the respondent also failed to provide him inspection, as sought vide point no. 2 and 3 of the RTI application in question.
The respondent submitted that the order passed by DoPT dated 10-14.11.2017 has been challenged by the railway administration before the Allahabad High Court, Lucknow bench. Since the matter was sub-judice at the time of responding to the RTI application in question, the disclosure of information was denied to the appellant u/s 8(1)(b) of the RTI Act, 2005. He further submitted that FAA, vide order dated 27.04.2018, upheld the CPIO's reply. In response to a query as to whether the said matter is still sub-judice, the respondent replied in affirmative.
Page 3 of 6CIC/NRALF/A/2018/152400 Decision:
The Commission, after hearing the submissions of both the parties and perusing the records, observes that Section 8(1)(b) of the RTI Act exempts from disclosure "information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court". From a bare perusal of Section 8(1)(b) of the RTI Act, it is evidently clear that protection is only apropos to the information which has been expressly forbidden to be published by any court, or disclosure of which may constitute a contempt of court. Further, the Delhi High Court in MCD vs. R.K. Jain, WP(C) No. 14120/2009, held as under:
"the matter being sub judice before a court is not one of the categories of information which is exempt from disclosure under any of the clauses of Section 8(1) of the RTI Act."
In the present case, the respondent was not able to establish that the disclosure of the information sought by the appellant was specifically prohibited/ forbidden or barred by any Court or would lead to a contempt of the Court, in terms of Section 8 (1) (b) of the RTI Act. Simply asserting that a matter is subjuice would not qualify to be considered for being exempted and for withholding information under the RTI Act. In view of this, the Commission directs the respondent to provide an appropriate reply to the appellant, as available on record and as per the provisions of the RTI Act, within a period of 15 days from the date of receipt of a copy of this Order.
With the above observations, the appeal is disposed of.
Page 4 of 6CIC/NRALF/A/2018/152400 Copy of the decision be provided free of cost to the parties.
The appeal, hereby, stands disposed of.
Amita Pandove (अिमता पांडव) Information Commissioner (सूचना आयु ) दनांक / Date 07.07.2020 Authenticated true copy (अिभ मािणत स यािपत ित) B. S. Kasana (बी. एस. कसाना) Dy. Registrar (उप-पंजीयक) 011-26105027 Addresses of the parties:
1. The First Appellate Authority (FAA) Northern Railway, Lucknow Division, Hazratganj, Lucknow - 226 001
2. The Central Public Information Officer Northern Railway, Lucknow Division, Hazratganj, Lucknow - 226 001 Page 5 of 6 CIC/NRALF/A/2018/152400
3. Mr. Shaqeel Ahmad Page 6 of 6