Central Information Commission
Mr.Prodyut Kumar Roy Chowdhury vs Cbec on 30 May, 2011
Central Information Commission
2nd Floor, Room No. 305 B-Wing,
August Kranti Bhawan
Bhikaji Kama Place
New Delhi
Case No. CIC/AT/A/2010/000925/SS
Name of Appellant : Sh. Prodyut Kumar Roy Chowdhury
(The Appellant was present)
Name of Respondent : Central Excise Kolkata, Kolkata
(Represented by Sh. Bhabatosh
Goswami, CPIO & Dy. Commissioner)
The matter was heard on : 25.05.2011
ORDER
Sh. Prodyut Kumar Roy Chowdhury, the Appellant, filed an RTI application dated 8.07.2010 seeking the following information: "Copy of the letter forwarding the above Prosecution Sanction Order by Sri Tirthankar Dey, Inspector of Police CBI/ACB/Kolkata, sent to the Office of the Commissioner of Central Excise KolkataV Commissionerate, on the basis of which the above mentioned Prosecution Sanction Order was issued. The enclosures accompanying the said forwarding letter may also be supplied."
The CPIO denied the sought for information under Section 8(1)(e)(g)&(h) of the RTI Act. Aggrieved with the reply, the Appellant filed an appeal before the First Appellate Authority (FAA). The FAA, vide decision dated 23.08.2010 upheld the reply of the PIO, with following observation: "IT is evident that the desired information to all intents and purposes, rotates around the Prosecution sanction order forwarded by C.B.I. / ACB, Kolkata. The said document is confidential in nature and received by this office in the fiduciary relationship between the two Govt. Departments and cannot be disclosed."
During the hearing the Appellant submits that the information requested has wrongly been denied to him and such information is not exempted under any of the sections of the RTI Act. The Respondent on the other hand submits that the Appellant has sought information regarding the sanction for prosecution in a CBI case and the information relating to such cases may not be provided under the provisions of the RTI Act.
After hearing the parties and on perusal of the relevant documents on the file, and also having regard to the facts and circumstance of the present case, the Commission deems it seek the comments of the SP/CBI/ACB, to Kolkata. SP/CBI/ACB, Kolkata will offer his comments regarding the disclosure of information sought by the Appellant. The matter will come up for hearing on 20.06.2011 at 2.30 p.m. The comments will forwarded to the Commission at least 10 days before the date of hearing.
[ The matter is disposed of on the part of the Commission.
(Sushma Singh) Information Commissioner 30.05.2011 Authenticated true copy (K. K. Sharma) OSD & Asst.Registrar Copy to:
1. Sh. Prodyut Kumar Roy Chowdhury, Superintendent, Central Excise (T&R), Kolkata-VI, Commissionerate, Bamboo Villa, 6th Floor, 169, A.J.C. Bose Road, Kolkata-700014
2. The Public Information Officer, Dy. Commissioner , Central Excise (T&R), Kolkata-VI, Commissionerate, Bamboo Villa, 6th Floor, 169, A.J.C. Bose Road, Kolkata-700014
3. The Appellate Authority, Addl. Commissioner, Central Excise (T&R), Kolkata-VI, Commissionerate, Bamboo Villa, 6th Floor, 169, A.J.C. Bose Road, Kolkata-700014