2016 (2) TMI 721 - Commission - Indian Laws

RTI - copies of ACC note on the ground that the information sought forms part of Cabinet papers and the same is exempted from disclosure under Section 8(1)(i) of the RTI Act - Held that - The Commission observes that in the matter relating to the ACC note a final decision has been taken and the matter is over. Hence in view of the proviso to Section 8(1)(i) the information pertaining to the matter has to be made public. The Commission therefore directs the CPIO to provide (i) copies of the pages of ACC note as sought by the appellant and (ii) information pertaining to File 6/7/2007EO MMI within a period of four weeks from the date of the receipt of a copy of this order.

Summary

Issues:
1. Right to Information Act, 2005 - Seeking information/documents on various points.
2. Exemption from disclosure under Section 8(1)(i) of the RTI Act.
3. Interpretation of proviso to Section 8(1)(i) regarding making information public after decision.
4. Applicability of previous judgments to the current case.
5. Directives to provide requested information within a specified timeframe.

Analysis:

1. The petitioner filed an application under the RTI Act seeking information on specific points, including note sheets and correspondence pages of certain files. The CPIO provided some information but the petitioner was unsatisfied, leading to an appeal before the FAA, which was not available in the file. Subsequently, a complaint was filed before the Central Information Commission.

2. The petitioner argued that the information related to ACC note was not provided citing exemption under Section 8(1)(i) of the RTI Act, which covers information exempted from disclosure. The respondent mentioned that the matter was concluded, but information on ACC note was withheld due to a Delhi High Court stay order. Additionally, information on a missing file was to be provided.

3. The Commission considered the proviso to Section 8(1)(i), which mandates making information public after a decision is finalized. It was noted that the matter concerning the ACC note was concluded, thus directing the CPIO to provide the requested ACC note pages and information on another file within four weeks from the order's receipt.

4. The appellant contended that previous judgments were not applicable to the current case, citing differences in facts. Reference was made to specific High Court judgments to support this argument.

5. In its decision, the Commission ordered the CPIO to furnish the requested information within a specified timeframe and disposed of the appeal, instructing free distribution of the decision to the involved parties. This comprehensive analysis covers the key issues and the detailed judgment rendered by the Central Information Commission.