Invention of new exemption by CCIC for the court cases
Dear Friends
In the recent Central Information Commission- Appeal No. CIC/WB/A/2009/000653 dated 12-6-2009 title Shri Shekhar Singh Vs Central Information Commission (CIC) -Appeal Heard 3.9.2010 – Decision Announced 6.9.2010 – Central Chief Information Commissioner had increased the exemption to deny the information .
Complete decisions is available at
Brief Facts of case
1. . RTI Applicant sought Copies of all petitions/ affidavits pertaining to decisions of Central Information Commission on RTI appeal/ complaints or any other RTI.
2. LD CPIO of CIC has not claimed any exemption (available U/s 8/9 of RTI Act) in giving in information, denied the information by citing Section 7(9) of RTI Act-" you would appreciate that giving copies of all the Writ Petitions, affidavits, documents, records would necessarily divert the resources of the Commission under section 7(9) of the RTI Act, 2005."
3. And orders of High Court/ Supreme Court are available at respective Court website.
4. .RTI Applicant moved first appeal and First Appellate Authority directed the LD CPIO to supply the information and directed the RTI Applicant to pay the fee.
5. RTI Applicant moved second appeal before Central Information Commission with limited request.
Request First: Information should be provided free of Cost as per RTI Section 7(6) .
Request Two: Impose Penalty on the LD CPIO because denial of information is wrong.
6. Respected Chief Central Information Commission(read as CCIC ) decided as follows.
A. Give information free of Cost.
B. Give only those information created / composed by the Commission.
C. Denied the information – uncertified copy of Court Orders and submissions made by other persons.
7. Reason for the denial: CIC can not give certified copies of records of other Public Authority (Read Court) , because CIC can not certified records of other Public Authority. And certified copies can be provided by the respective Public Authority. ( Whereas as per CIC order RTI Applicant had sought uncertified copies and records are available with the CIC.)
8. Flaw in the above related to denial portion decision.
Reasoning given for denial is not present in the RTI exemption under Section 8/9 of the RTI act, 2005. For similar points (invention of New exemption) , Delhi High Court had upheld the CIC decision of levying penalty of Rs25000/= on the PIO . Delhi High Court order in CBSE. Delhi High Court confirmed the penalty for this kind of delay tactics in the WP( C ) 4077/2008 CBSE VS CIC VIDE ORDER DATED 11/2/2009 (exemption claimed -case is pending with the Court) . I do not know the reason for not uploading the decision on the CIC website as well the Court website.
A. Application of new exemption that correct information is available with other person . Therefore, even , uncertified information can not be given. Kindly note, there is huge corruption in many Government department. Therefore corrupt officers fabricate documents (including do not place correct document in the records , which was given to other authority). i.e in simple words document (which should be same) are different in the different Public authority. If this exemption is applied , then this type of fraud (different version of same document in different Public authority) will never come to public notice.
B. CIC is web hosting Court decisions. Already around 15 decisions are uploaded at CIC decision. CIC can essily
9. other points .
A. Exemption is invented by the CCIC (not the CPIO ).
B. CIC is web hosting Court decisions. Already around 15 decisions are uploaded at CIC decision. CIC can easily upload other decisions as per Section 4 compliance like stated in point 8 , above.
C. CIC should stop inventing new exemption for and on behalf of PIO to deny the information. All the pleading should be by the CPIO for the denial of information.
Thanking you
Rakesh gupta
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