2009 (8) TMI 861 - Board - Central Excise

Summary

Issues:
Challenging denial of information under the RTI Act by the CPIO, Central Excise, Delhi-I.

Analysis:
The appellant sought various information related to adjudication proceedings, show cause notices, correspondences, and records from the CPIO, Delhi-I, which was denied citing exemption under section 8(1)(e) & (j) of the RTI Act, 2005, based on fiduciary relationship and lack of larger public interest. The appellant challenged this denial on grounds of arbitrariness, violation of natural justice, and public interest in knowing about tax evasion cases. The appellant argued that the adjudication process is a public activity, and disclosure of such information serves the larger public interest of safeguarding public revenue. The CPIO's denial was also contested on the basis that the information sought did not fall under the exemptions provided in sections 8(1)(e) and 8(1)(j) of the RTI Act.

The appellant further contended that the denial of information based on fiduciary relationship and lack of public interest was unjustified. The appellant emphasized that the information sought was related to the discharge of official duties by public authorities and, therefore, should not be exempted under section 8(1)(e) and 8(1)(j) of the RTI Act. The appellant requested the setting aside of the CPIO's order, imposition of penalties, and other reliefs as deemed fit.

After a personal hearing and a detailed review of the case records, the judge found that the denial of information by the CPIO based on fiduciary relationship and lack of public interest was not justified. The judge held that the adjudication process for tax evasion cases does not involve a fiduciary relationship and that public interest warrants the disclosure of such information. The judge rejected the CPIO's grounds for denial and directed the CPIO to provide the requested information to the appellant, subject to the prescribed fee. The appeal was disposed of in favor of the appellant, emphasizing the importance of transparency and public accountability in such cases.