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Central Information Commission

Shri Keshav Kumar Bhardwaj, Dpa-B, ... vs Shri B.S. Dhupia, Asst. Director ... on 14 July, 2006

JUDGMENT

A.N. Tiwari, I.C.

1. Shri Keshav Kumar Bhardwaj has filed this appeal against the order dated 20.4.2006 of the Asst. Director (Admn), National Crime Records Bureau, the CPIO and the order dated 19.5.2006 of the Dy. Director(A&R), National Crime Records Bureau, the Appellate Authority.

2. The matter was heard on 13.7.2006. The appellant was represented by Shri Ravish Kumar while the Public Authority was represented by Shri V.S. Yadav, Dy. Director, NCRB, the Appellate Authority and Shri B.S. Dhupia, Asst. Director (Admn ), NCRB, the CPIO.

3. It would appear from the records that the CPIO and the Appellate Authority denied the information requested by the appellant on the ground that the matter was now sub-judice before the Central Administrative Tribunal.

4. The appellant has pointed out that a case being sub-judice is not a specified ground for exemption from disclosure of information under the Right to Information Act.

5. The contention of the appellant is upheld. The case is remitted back to the Appellate Authority for de-novo examination and for passing clear-cut orders keeping in view the nature of the information sought by the appellant and his eligibility to receive the same under the RTI Act All permissible information should be supplied to him after following the requirements of the RTI Act dealing with information which is personal in nature and which is entrusted to the Public Authority in confidence by a third party, where applicable.

6. With these directives, the appeal is remitted back to the Appellate Authority, Shri V.S. Yadav, Dy Director (A&R), National Crime Records Bureau.