9911796707
TMI Blog2010 (6) TMI 678X X X X Extracts X X X X X X X X Extracts X X X X ..... for reconsideration. 2. Matter was accordingly heard on 19-5-2010 in the presence of the appellant, Shri R.K. Jain and the review-petitioners represented by their Counsel, Shri Balaji Subramanian. 3. In the Commission s order dated 26-3-2010, CPIO, Appellate Tribunal for Foreign Exchange was directed to provide to the appellant the information requested by him in his RTI-application dated 11-8-2009. 4. The review-petitioners point was that when the hearing - which resulted in the Commission s order dated 26-3-2010 - was conducted, the Tribunal had not filed its counter-statement, as a result of which important facts which could have a substantial bearing on the decision could not be brought to the attention of the Commission. 5. On ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and others, which are far too sensitive to be shared openly with the appellant. The organisations such as the Enforcement Directorate were exempt organizations under Section 24 of the RTI Act. These may contain information relevant to investigation and prosecution and these could attract exemption under Section 8(1)(h). 7. Review-petitioners have also drawn attention to the third-party aspects of these documents and have urged that since the jurisdiction of the Tribunal extends to all over India, it might be well-high impossible to reach out to all the third-parties to take their consent under Section 11(1) about the disclosure of the requested information. 8. As regards items B and C corresponding to appellant s RTI-application dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... already passed. 12. He went on to state that the ATFE has deliberately and craftily used the tactics of stonewalling any disclosure of information in order to keep permanently under shadows its own internal malfunctioning and serious irregularities, which transparency would bring out into the open. He cited an order of the Delhi High Court in Writ Petition (C) No. 3963/2008 dated 15-5-2009, where the alarming fact has been brought out that the files of the Tribunal did not have the final orders purported to have been passed by it. The High Court had adversely commented on the system of record management at the Tribunal. He claimed the Tribunal was aware that if the information as requested by the appellant were to be disclosed to him, all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... verly and deliberately attempted to read extra words into a very ordinary expression, viz. orders. Had they chosen to consult the appellant he would have put them wise to the fact that all he needed was final orders and not any other variety of order. 15. About the use of expression after cause list in his RTI-application, appellant stated that this expression was very clearly understood by all those who manage cause-lists. However, if the respondents did not have any information answering this description, they were free not to disclose it to him. Decision : 16. I have gone through the averments of both parties and heard their oral submissions. I find myself in agreement with the appellant that there has been a laboured effort on t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he organisation owes an explanation to the citizen as to why its internal functioning is so flawed, rather than to resort to vague plea about workload and insufficiency of staff to fend off disclosure queries. 19. It is surprising that the Tribunal has not drawn its lessons even after the orders of Delhi and Chennai High Courts. 20. In view of the above, I do not see any reason to either review or reconsider my decision dated 26-3-2010. 21. The deemed-CPIO and Assistant Registrar, Shri Kulvinder Singh is directed that the information so far not disclosed to the appellant pursuant to Commission s order dated 26-3-2010 shall now be disclosed as earlier ordered. 22. In case the respondents need little longer time than already ordered, ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
