Central Information Commission
Mrnarinder Singh Nagpal vs Ministry Of Defence on 5 May, 2016
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus,New Delhi110067
Tel:+911126106140/26179548
File No.CIC/RM/A/14/003696/DP
Date of decision: 05.05.2016
Relevant facts emerging from the Appeal:
Appellant Narinder Singh Nagpal,
271,Pant Puri,Lal Kurti,
Meerut Cantt.(U.P.)
Respondent CPIO
O/o Cantonment Board,
Meerut(U.P.)
RTI application filed on 14/02/2014
PIO replied on 26/02/2014
First appeal filed on 12/03/2014
First Appellate Authority order 03/04/2014
Second appeal dated 08/05/2014
Information sought:
Appellant wants the following information:
1. Copy of letter/representation/reply/submission dated 27.01.2014 submitted by Anuj Singh CEE to PCB at station Headquarters.
2. Copy station Headquarters cell letter No. 123901/CB/Est dated 28.1.2014 directing the Cantonment Board to include in Agenda of discussion of Board Meeting held on 01.02.2014.
3. Intimate lawful reason that why CEO D.N. Yadav deleted the said matter from agenda item No. 173 and added/included toll tax matter instead of above legal matter.
4. Copy of direction/malicious support of DGDE/GOCinChief/PDDE if received for said illegal removal of legal rights/reply/representation/submission of CEE Anuj Singh and refusal of lawful direction of station Headquarters Cell .
Grounds for Second Appeal:
The CPIO has not provided the desired information. Relevant Facts emerging during Hearing:
Appellant: Narinder Singh Nagpal present in person. Respondent : M.A. Jaffar, Office Superintendent & CPIO , Cantonment Board, Meerut present through VC.1
Relevant facts emerging during hearing : Appellant has alleged corruption charges against certain official and he wants various other information related to these officials.
Respondent submitted that information sought by Appellant under para 1,2 and 4 cannot be provided being exempted under section 8(h) of RTI Act,2005 as the matter is under inquiry and it will adversely affect the process of investigation. CPIO has also stated that agenda of the Cantt Board Meeting and minutes are available on the website of office. Appellant may obtain all the desired information as per para 3 of his application from the website. However, it is informed that the entire case file was placed and discussed in the Cantt Board meeting held on 01.02.2014 under agenda item no. 129.
Decision :
Appellant during his submission mentioned that he makes RTI Applications concerning Meerut Cantonment Board in public interest. A perusal of the current RTI Application brings out that he has levelled unsubstantiated and unverified charges of corruption against the Principal Controller of Defence Estates (PCDE) in Delhi and CEO of Meerut Cantonment. Above assertions on the part of Appellant is indicative of definite bias and thus has failed to make the RTI Application a tangible case of public interest which will override protected interests of the department under the exemption clause. In this back drop Commission does not find any legal flaw in the stand of CPIO that requested information could not be disclosed at this stage.
Commission is satisfied that information sought by the appellant in paras 1, 2 and 4 of the RTI Application is likely to impede the process of inquiry and decision of Inquiry Officer/Appellate Authority and is covered under exemption clause of section 8 (1) (h) of RTI Act which is reproduced below:
(h) information which would impede the process of investigation or apprehension or prosecution of offenders.
Commission directs the CPIO to give a copy of discussions under Agenda item 129 of Cantonment Board Meeting of 1/02/2014 to the appellant.
Commission upholds the decision of the CPIO.
The appeal is disposed of accordingly.
(Divya Prakash Sinha) 2 Information Commissioner Authenticated true copy (Raghubir Singh) Dy. Registrar/Designated Officer 3