2009 (9) TMI 702 - Commissioner - Central Excise

Summary

Issues:
1. Denial of information under the Right to Information Act, 2005 by the Central Excise department regarding the 335J register, pending adjudication cases, and adjudication orders.

Analysis:
1. The applicant sought information under the RTI Act regarding the 335J register, which contains details of duty evasion cases. The CPIO denied the information citing third-party confidentiality. However, the CPIO erred in denying the information without proper justification. The information in the 335J register is not third-party information but a record of public action. The CPIO should have considered exemptions under Section 8(1) or Section 9 before denying the information. The matter is remanded to the CPIO to provide relevant pages of the register after excluding exempted information under Section 8(1) of the RTI Act, 2005.

2. The applicant also requested details of pending adjudication cases, which are statistical information not covered under any exemptions of the RTI Act. The CPIO is directed to provide the requested information as it does not fall under Section 8(1) exemptions.

3. Additionally, the applicant sought information on adjudication orders passed during a specific period. This information does not constitute personal third-party information and is not exempted under Section 8(1) of the RTI Act. Therefore, the CPIO is directed to provide this information to the applicant as well.

In conclusion, the appeal filed by the applicant is disposed of with directions to provide the requested information related to the 335J register, pending adjudication cases, and adjudication orders, as they do not fall under the exemptions of the RTI Act.