Central Information Commission
Mrb S Rai vs Cbi on 7 March, 2014
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/LS/A/2010/001689SS
March 07, 2014
Appellant : Shri B.S. Rai
Respondents : Central Bureau of Investigation
Date of Hearing : 07.03.2014
ORDER
The present appeal, filed by Shri B.S. Rai against Central Bureau of Investigation, was taken up for hearing on 07.03.2014 via videoconferencing when the Respondents were present at NIC VC facility at Jabalpur through Shri Manish, S.P. (CBI). The Appellant was however not present.
2. The Appellant through an RTI application dated 21.04.2010 sought certain information [(i) copy of inquiry report; (ii) copies of evidence enclosed with inquiry report; and iii) copies of direction given by CBI, Jabalpur to Supdt. of Post Office] regarding a complaint against misappropriation of saving amount of people at post office Lalbagh, Chindwara by one Madhukar Kadu and others. CIC/LS/A/2010/001689SS Page 1 of 5 2
3. The CPIO replied to this application vide his letter dated 17.05.2010. As for point No. (i), he stated that Supdt. of Post Office, Chhindwara has intimated that the information should not be disclosed because of possibility of its' misuse. As for point Nos. (ii) & (iii), the CPIO denied the information under section 8(1)(g) of the RTI Act.
4. Aggrieved by the reply of the CPIO, the Appellant filed an appeal dated 19.06.2010 before the Appellate Authority which the Appellate Authority decided vide his order dated 20.07.2010. The Appellate Authority held that information sought at point i) & ii) is not disclosable under section 8(1)(g) of the RTI Act. As for point iii), he directed the CPIO to furnish copies of instructions given to Post Master General/Supdt. of Post Office, Chindwara to the Appellant in the matter.
5. The Appellant thereafter filed the present appeal before the Commission challenging the Respondents' decision. He also complained that information in respect of point iii) has not been provided by the CPIO so far.
6. Having heard the submissions and perused the records, the Commission, while noting that the present matter pertains to the year 2010 when the CBI was not an exempt organization in terms of section 24 read with second schedule of the RTI Act, observes that information sought in point No. (i) & (ii) of the RTI application can be provided to the Appellant after invoking section 10(1) of the RTI Act, which provides for severance of such part of information from the given set of document which falls under the exemption category of section 8(1) of the RTI Act. 2
7. The matter is accordingly remanded back to the Appellate Authority with a direction that he shall examine the documents in relation to point Nos. (i) & (ii) of the RTI application and provide the information to the Appellant after severing from it (under section 10(1) of the RTI Act) that portion of information which, according to him, attracts exemption under section 8(1)(g) of the RTI Act. Time - 3 weeks from the date of receipt of this order.
8. The CPIO is also directed to furnish the information in respect to point No.
(iii) of the RTI application to the Appellant as per the direction of the Appellate Authority within 1 week of receipt of this order.
9. Appeal is disposed of with the above directions.
(Sushma Singh) Chief Information Commissioner Authenticated by (D.C. Singh) Deputy Registrar CIC/LS/A/2010/001689SS Page 3 of 5 4 4 Address to the Parties:
1. Shri B.S. Rai 142 Vivekanand Colony Chindwara 480001
2. The Central Public Information Officer (RTI) & Superintendent of Police Central Bureau of Investigation Anti Corruption Branch CARAVS Commercial Complex A Block 2nd Floor, 15 Civil Lines Jabalpur 482 001 M.P.
3. The Appellate Authority (RTI) & Head of the Zone Central Bureau of Investigation Zonal Office, Anveshan Parishar Charimli Bhopal MP CIC/LS/A/2010/001689SS Page 5 of 5