Central Information Commission
Mr. K Thakshinamurthy vs Cbi on 8 January, 2013
Central Information Commission, New Delhi
File No.CIC/WB/A/2010/000581 & 776SM
Right to Information Act2005Under Section (19)
Date of hearing : 8 January 2013
Date of decision : 8 January 2013
Name of the Appellant : Shri K Thakshinamurthy,
CP No. 9982, A Cell - 12,
Central Prison, Madurai - 625 016.
Name of the Public Authority : CPIO, Central Bureau of Investigation,
Anti Corruption Branch, Shastri Bhavan,
3rd Floor, Nugambakkam, Chennai - 600
006.
The Appellant was present.
On behalf of the Respondent, Shri Ishwaramurthy, CPIO was present.
Chief Information Commissioner : Shri Satyananda Mishra
2. The Appellant was present in the Madurai studio of the NIC. The Respondent was present in the Chennai studio. We heard their submissions.
3. In two separate RTI applications, the Appellant had sought similar information relating to the seeking of sanction of prosecution against him. In his reply, the CPIO had provided some factual information but had denied to disclose the copies of the correspondence made by the CBI with the sanctioning authority including the draft sanction order it had sent on the ground CIC/WB/A/2010/000581 & 776SM that it would impede the process of prosecution. He had cited the provisions of subsection 1(h) of section 8 of the Right to Information (RTI) Act in support of his decision. The Appellate Authority had endorsed the stand taken by the CPIO.
4. We have carefully considered the contents of the RTI application and the response of the CPIO. While we agree with the CPIO that the SP's report forwarded by the CBI at the time of seeking sanction cannot be disclosed as it contains information which might adversely affect the prosecution pending before the trial court, the same cannot be said about the draft sanction order, if any, sent by the CBI to the competent authority at the time of seeking sanction for prosecution. The CPIO is therefore directed to provide a copy of the draft sanction order, if any, to the Appellant within 10 working days of receiving this order.
5. Needless to say, since in this case, information has been sought pertaining to allegations of corruption, it would be covered under the proviso to section 24 of the Right to Information (RTI) Act and the CBI cannot refuse such information on the ground that it has since been included in the second schedule of the Act.
6. The appeal is disposed off accordingly.
7. Copies of this order be given free of cost to the parties.
(Satyananda Mishra) Chief Information Commissioner CIC/WB/A/2010/000581 & 776SM 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) Deputy Registrar CIC/WB/A/2010/000581 & 776SM