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TMI Blog2012 (8) TMI 715X X X X Extracts X X X X X X X X Extracts X X X X ..... on that ground - since the information sought relates to allegations of misappropriation of government money, public money being at stake, the information cannot be considered as personal information and hence the information does not fall under provisions of Section 8(1)(j) of the RTI Act, 2005 - information as sought by the Appellant be provided - No authority can proceed on the assumption that an information ordered to be disclosed will be misused - mere expression of an apprehension of possible misuse of information cannot justify non-disclosure of information - 120 of 2010 - - - Dated:- 29-9-2010 - S. Muralidhar, J. REPRESENTED BY : S/Shri Abhinav Rao for S.K. Dubey, Advocates, for the Petitioner. S/Shri Prashant Bhushan wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt was rejected by the Appellate Authority of the MEA on 5th October 2008, concurring with the reasoning of the CPIO. The Respondent then filed a second appeal before the CIC. 4. Before the CIC the Respondent explained that the complaint was about certain incidents of alleged misuse of government money in the Embassy of India, Ankara, Turkey in March 2007. The Respondent had come to know that the ATR submitted, the CPIO had held that most of the allegations were baseless and that some procedural error might have occurred but without any financial loss to the Government. The CPIO accordingly opined that the matter should be closed by the CVC. On the basis of the ATR, the CVC decided not to further proceed with the matter. The Respondent ur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after completion of the enquiry, the disclosure of the information sought would indicate lack of confidence in the investigations conducted by the MEA and the CVC. The CIC rejected this contention on the ground that neither the RTI Act, 2005 nor any other law in force in India states that information pertaining to a closed case cannot be disclosed. 8. Thereafter, the CIC in the impugned order has set out the observations upon the inspection of the enquiry report and the notings from the file of the CVO. Most of the allegations have been found to be baseless and therefore, with the approval of the Foreign Secretary, and in view of the categorical report from the CVO, the CVC concurred in not pursuing the matter further. According to the en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... declaring such disclosure of information, by the media, in order to make the same sensational, may damage the image and reputation of such a senior official as well as the Ministry. Hence the Ministry, the Commission from disclosure of the information categorizing the said information as personal information. 11. The CIC negatived this apprehension by observing that : In the instant case the disclosure of information relating to alleged charges of corruption and misappropriation of government money, wherein after a detailed investigation/ inquiry, the name and reputation of the public official concerned, had been declared unblemished, is actually crucial in strengthening the public faith in the functioning of the Ministry and the CVC. S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... severe parts exempted from disclosure in the enquiry report, under intimation to the Commission. 14. The submissions of Mr. Abhinav Rao, learned counsel appearing for the Petitioner and Mr. Prashant Bhushan, learned counsel for the Respondent have been heard. 15. Placing reliance upon the judgment of this Court in Arvind Kejriwal v. Central Information Commission - 2010 VI AD (Delhi) 669 it was submitted by Mr. Rao that the defence of privacy in a case like the present one cannot be lightly brushed aside and that in the present case the rights of the Ambassador against whom the complaint was made outweighed the public interest in ordering disclosure. 16. This Court is unable to accept the above submission. The judgment in Arvind Kejr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h report. 19. This Court would like to observe that where, upon enquiry, it has been found that the allegations made in the complaint were baseless and that the matter did not require to be enquired any further, such a report can hardly be said to be a document the disclosure of which would violate any privacy right of the person complained against. This Court concurs with the observations of the CIC that in the circumstances the information sought was not personal to the Ambassador. The complaint itself is about matters relating to her in an official capacity. The information on the expenditure of government money by a government official in an official capacity cannot be termed as personal information. 20. This Court is satisfied that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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