Central Information Commission
Mr.Prodyut Kumar Roy Chowdhury vs Cbec on 17 August, 2011
CIC/AT/A/2010/000925/SS
Central Information Commission
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Bhikaji Cama Place, New Delhi110066
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Case No. CIC/AT/A/2010/000925/SS
Name of Appellant : Shri Prodyut Kumar Roy
Name of Respondent : Office of the Commissioner of Central
Excise, Kolkata-VI Commissionerate
Date of Hearing : 09.08.2011
ORDER
Shri Prodyut Kumar Roy, the appellant has filed this appeal dated 9.9.2010 before the Commission against the Office of the Commissioner of Central Excise, Kolkata-VI Commissionerate, Kolkata for not providing information to his RTI-request dated 23.6.2010, which came up for hearing on 09.08.2011 through videoconferencing. The appellant was present in person, whereas the respondents were represented by Smt. K. Kalpana, CPIO at NIC Videoconferencing Facility Centre, Kolkata.
2. The appellant has filed an RTI-request dated 23.6.2010 seeking therein "copy of letter forwarding the Prosecution Sanction Order in case No. RCCAA2005A0014 dated 7.4.2005 by Shri Tirthankar Dey, Inspector of Police CBI/ACB, Kolkata, sent to the Office of the Commissioner of Central Excise, Kolkata-V Commissionerate, on the basis of which the above mentioned prosecution sanction order was issued". The CPIO vide letter No. V(30)/37/CE/RTI/Tech/Kol-VI/10/6515 dated 8.7.2010 denied information u/s 8(1) (e)(g) and (h) of the RTI Act.
3. Aggrieved with the reply of CPIO, the appellant preferred first-appeal dated 19.7.2010 before FAA. The FAA vide letter No. 03/Appeal/RTI/Addl. Commissioner/2010 dated 23.8.2010 upheld the decision of CPIO and rejected appellant's first-appeal.
2 Case No. CIC/AT/A/2010/000925/SS4. In response to Commission's hearing notice, the CPIO sought comments on the instant appeal from CBI. The CPIO vide letter dated 27.7.2011 has forwarded to the Commission, copy of comments received from DIG, CBI, Kolkata, which is as under:
"It is clarified that the instant case is pending under trial against S/Shri B. Sarkar and P. Roy Choudhury, Superintendent of Central Excise, Kol-V Commissionerate in the court of Ld. 1st Special Judge, Alipore. It is also clarified that SP's Report of CBI is confidential in nature and exempted from disclosure under Section 8(1) (h) of the RTI Act, as the same would impede the process of prosecution/ trial of offenders. Moreover, a full bench of CIC comprising of three members in Appeal No. CIC/AT/A/2008/01238 dated 19.9.2008 preferred by Shri C. Seetharamaiah, has held while rejected the second appeal on 7.6.2010 that SP's Report is exempted under the RTI Act."
5. After hearing the parties and on perusal of the relevant documents, the Commission observes that consistent with the Full Bench decision of the Commission in Case No. CIC/AT/A/2008/01238 dated 19.9.2008 (Shri C. Seetharamaiah Vs. CBI), the respondent have no disclosure obligation u/s 8(1) (h) of the RTI Act. The replies of respondent are upheld.
The matter is accordingly disposed of at Commission's end.
(Sushma Singh) Information Commissioner 17.08.2011 Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar 3 Case No. CIC/AT/A/2010/000925/SS Address of the parties:
Shri Prodyut Kumar Chowdhury, Superintendent, Central Excise (T 7R), Kolkata-VI, Commissionerate, Bamboo Villa, 6th Floor, 169, A J C Bose Road, Kolkata.
The CPIO, Office of the Commissioner of Central Excise, Kolkata-VI Commissionerate, Bamboo Villa (6th Floor), 169, A.J.C. Bose road, Kolkata-700014.
The First Appellate Authority, Office of the Commissioner of Central Excise, Kolkata-VI Commissionerate, Bamboo Villa (6th Floor), 169, A.J.C. Bose road, Kolkata-700014.