Central Information Commission
Harkrishan Das Nijhawan vs Ministry Of External Affairs on 20 September, 2018
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या /Second Appeal No.- CIC/MOEAF/A/2017/172763
Adjunct order dated 19.09.2018
Hearing:
1. The instant matter is listed today for further hearing.
2. Both the parties participated in the hearing in person. Mr. P. Roy
Chaudhury (Advocate) represented the respondent. The written submissions
are taken on record.
3. The appellant stated that the respondent should provide him following information:-
"(i) List showing official passports issued to Non-Government officials from 01-01-2010 to 16-06-2017.
(ii) List of the officials of the MEA involved in issuance of illegal passports from 01-01-2010 to 16-06-2017.
(iii) List of the FIRs registered by the Central Bureau of Investigation (CBI) against the officials of the MEA from 01-01-
2001 to 16-06-2017 under the Prevention of Corruption Act, 1988.
(iv)Details of contract/tender documents/agreement(s) relating to purchase of machine readable passport printers/ink cartridges /tonners etc."
4. The respondent stated that the Central Bureau of Investigation (CBI) is already seized of the matter relating to issuance of illegal passports. Further, he stated that they do not maintain list of the aforesaid officials in the compiled form. In addition, he stated that details of the aforesaid equipments purchased by the MEA is commercially sensitive, disclosure of which would seriously jeopardize their commercial confidence in view of the non-disclosure agreement(s) signed with the suppliers. Moreover, these equipments are very sensitive containing certain security features which have bearing on the national security. Therefore, details of the aforesaid equipments cannot be shared with the appellant as per the exemptions available u/Sections 8(1)(a) r/w 8(1)(d) of the RTI Act.
Discussion/observation:
5. This Commission observed that the matter is already under investigation of the CBI, and no separate list of the officials of the MEA involved in issuance of illegal passports is maintained in the compiled form. Therefore, this information should not be given to the appellant. Further, this Commission is of the opinion that disclosing details of the equipments as sought in this RTI application would impinge upon the commercial confidence and national security.
Decision:
6. No further intervention of the Commission is required in the matter.
The appeal is disposed of. Copy of the order be given to the parties free of cost.
Radha Krishna Mathur (राधा कृ ण माथुर) Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) S.C. Sharma Dy. Registrar सी. शमा , उप-पंजीयक एस.. सी.
एस (011-26186535)