2011 (12) TMI 695 - Commission - Indian Laws

Summary

Issues involved: Request for information on Excise returns database u/s RTI Act, denial of information by CPIO u/s 7(9) RTI Act, appeal before Central Information Commission.

Summary:

Issue 1: Denial of information under Section 7(9) of the RTI Act
The Appellant sought information regarding Excise returns database in CD format, but the CPIO rejected the request citing Section 7(9) of the RTI Act, stating it would disproportionately divert resources. The FAA upheld this decision, leading to the appeal before the Commission.

Issue 2: Feasibility of retrieving specific information
The Appellant argued that the Excise returns are maintained using Oracle database system and retrieving specific data fields is feasible through a simple SQL algorithm. The Respondent, however, expressed concerns about the volume of data and resource diversion.

Issue 3: Expert opinion and decision
The Commission sought assistance from a Scientist-D to assess the technical aspects. It was confirmed that retrieving the requested information using SQL algorithm is standard practice and does not amount to creating new information. The Commission ruled that volume of information is not a valid reason to deny the request under the RTI Act.

Issue 4: Provision of information in batches
Acknowledging the concerns about server load, the Commission directed the Respondent to provide the information in CD/DVD format over a period of 3 months in three batches, to ensure server efficiency is maintained.

In conclusion, the Commission ordered the Respondent to provide the requested information as per the specified timeline, thereby disposing of the appeal.