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TMI Blog2017 (2) TMI 868X X X X Extracts X X X X X X X X Extracts X X X X ..... s who seek financial help on medical ground which would clearly be personal information of the third party. Such information clearly cannot be put in public domain. Under section 12, the accounts of the State Bar Council are to be audited and the State Bar Council is obliged to send a copy of the accounts along with the report of the auditor to the Bar Council of India and also cause the same to be published in the Official Gazette. By publication in the official gazette, the accounts of a State Bar Council, come in public domain. As noticed that the impugned order does not contain any reasons based on which the CIC formed an opinion that the information was required to be put in public domain and on the website. With regard to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m Datt, Mr. Tarun Sharma and Mr. Mikhil Sharda, Advocates For the Respondents : None JUDGEMENT Sanjeev Sachdeva, J (Oral) 1. The petitioner impugns orders dated 11.08.2015 and 01.12.2015 passed by the Central Information Commission directing that the details sought by respondent no. 2 be put in public domain voluntarily as per Section 4(1)(b) of the Right to Information Act, 2005 (hereinafter referred to as the Act). Further, the Commission by order dated 11.08.2015 issued a show cause notice to the PIO as to why the penalty be not imposed for denying the information. By impugned order dated 01.12.2015, another opportunity was granted to CPIO to explain as to why penalty should not be imposed upon him for not providing the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is submitted that the said minutes also contained personal information about the Advocates who seek financial aid on medical grounds and disclosure of such information is also exempted under the Act. 5. It is further submitted that in so far as the information relating to accounts is concerned, whatever information was available with the petitioner, the petitioner immediately furnished the same vide its reply dated 01.04.2015 to the application which was received on 02.03.2015. It was also mentioned in the said reply that as an audit was being conducted and it was not possible to immediately supply the complete financial information to respondent no. 2 pursuant to the application. 6. None appears for the respondent No. 2. None was pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on its roll; (dd) to promote the growth of Bar Associations for the purposes of effective implementation of the welfare schemes referred to in clause (a) of sub-section (2) of this section clause (a) of sub-section (2) of section 7; (e) to promote and support law reform; (ee) to conduct seminars and organise talks on legal topics by eminent jurists and publish journals and paper of legal interest; (eee) to organise legal aid to the poor in the prescribed manner; (f) to manage and invest the funds of the Bar Council; (g) to provide for the election of its members; (gg) to visit and inspect Universities in accordance with the directions given under clause (i) of sub-section (1) of section 7; (h) to per ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uciary capacity. 12. The minutes would also contain personal information about Advocates who seek financial help on medical ground which would clearly be personal information of the third party. Such information clearly cannot be put in public domain. 13. Section 12 of the Advocates Act reads as under: 12. Accounts and audit.- (1) Every Bar Council shall cause to be maintained such books of accounts and other books in such form and in such manner as may be prescribed. (2) The accounts of a Bar Council shall be audited by auditors duly qualified to act as auditors of companies under the Companies Act, 1956 (1 of 1956), at such times and in such manner as may be prescribed. (3) As soon as may be practicable at the end of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Bar Council would have dealt with the same in accordance with the Act. 17. With regard to the show cause notices issued, by the CIC, to the CPIO, for delay in furnishing information, it is noticed that the CPIO had responded to the application filed by Respondent No. 2 within the period of 30 days. The Response itself indicates that whatever information was available, was provided. The CPIO in his reply to the Central Information Commission has indicated that voluminous records had been sought by the respondent no. 2. Respondent No. 2 had sought minutes of full house meetings for the period 01.04.2010 till date of the application which was nearly five years. 18. Apart from contending that the information was exempt, the CPIO in h ..... X X X X Extracts X X X X X X X X Extracts X X X X
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