Central Information Commission
Shri Ashok Kumar Tiwari vs Cantonment Board, Varanasi, Ministry ... on 1 December, 2008
CENTRAL INFORMATION COMMISSION
No.CIC/WB/A/2007/01425(SM) dated 31.10.2007
Right to Information Act-2005 - Under Section (19)
Dated 1.12.2008
Appellant: Shri Ashok Kumar Tiwari
Respondents: Cantonment Board, Varanasi, Ministry of Defence
This appeal was taken up through video-conferencing.
The Appellant was present along with his advocate.
On behalf of the respondents, the following were present. Both the sides in this case were present in the studio of the NIC, Varanasi:-
(1) Shri M.M. Hampi, MOD
(2) Shri Teja, CPIO, MOD
Both the sides in this case were present in the studio of the NIC, Varanasi
2. The brief facts of the case are as under.
3. The Appellant had approached the CPIO in the Cantonment Board for certain information with regard to the various properties of the Cantonment Board given on lease. The CPIO, in a very brief reply, informed the Appellant that the information sought could not be given because it concerned third party. The Appellant was not satisfied with this reply and approached the Appellate Authority in an appeal. The Appellate Authority heard the case and directed the Appellant to approach the CPIO for information only if he fulfilled a number of conditions laid down in its order. The Appellant was not satisfied with this decision and has, therefore, approached the Commission in second appeal.
4. At the beginning of the hearing, the Appellant narrated the sequence of all the steps he had taken to access the desired information. He was very aggrieved that the Appellate Authority, in his decision, had observed that the information could be given only if it was sought on behalf of a citizen and not on behalf of an advocate. The Respondent argued that instead of ordering the CPIO to give the desired information, the Appellate Authority had redirected him to the same CPIO which was against the spirit of the Right to Information Act.
5. After hearing these submissions and after going through the reply of the CPIO and the decision of the Appellate Authority, we find that both of them had erred in their respective decisions. His reply did not explain in any detail as to how the information sought had anything to do with any third party. Even if it had any relation to any third party, the CPIO should have explained the right provision of the Act in declining the information. In any case, he was wrong in inferring that the information sought had anything to do with third-party as we find that the Appellant had sought generic information and had not referred to any specific person. The decision of the Appellate Authority was also based on wrong understanding of both the information sought and the provisions of the Right to Information Act. A reading of the information sought reveals that there was no mention of any third party in that and it was, by and large, regarding the lawful activities of the Cantonment Board. The ground on which information can be denied is either if that information is not legitimately held in the Public Authority or if it fell in any of the categories described under Section 8 of the Right to Information Act. Besides, no information can be denied to an Applicant merely because he is an advocate as there is no difference between any two categories of citizens as far as the relief under this Act is concerned.
DECISION
6. In view of the above, we direct the first Appellate Authority and the CPIO in the Cantonment Board to provide the information sought within 15 working days from the receipt of this order. We also direct them to send a compliance report to the Commission immediately.
7. With these observations and directions, the appeal is disposed off.
8. Copies of this order be given free of cost to the parties.
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(Satyananda Mishra) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
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(Vijay Bhalla) Assistant Registrar