Right To Information – DRI Exempted – CPIO can appeal against Appellate Authority
Have you heard of an Assistant Commissioner appealing against an order of a Joint Commissioner? Well, it happened in Delhi Customs.
One Ms Yogitha Chavan asked the Assistant Commissioner the CPIO for some information under the RTI Act. The Assistant Commissioner informed her that the information cannot be provided as it relates to DRI which is an organisation exempted under Section 24 of the Act.
The First Appellate Authority, the Joint Commissioner was not impressed and he remanded the matter to the Assistant Commissioner for looking into the matter again and “if on examination it is found by the CPIO that disclosure would hamper investigation, the appellant should be informed with reasons as to how it will hamper the investigation”.
The Assistant Commissioner was not impressed and he filed an appeal with the Commission against the order of his boss, the JC.
As this was a strange situation, the matter was heard by a full Bench of the CIC. The Chairman of the CBEC in his written submissions supported the Assistant Commissioner.
Now the two questions before the CIC were:-
1. Whether the CPIO/Public Authority concerned is entitled to appeal against the order of the 1st Appellate Authority u/s 19(3) of the RTI Act?
2. Whether the disclosure of information concerning DRI even if not held by it is barred u/s 24 of the RTI
The CIC held that:-
1. The CPIO can appeal against the order of the Appellate Authority.
2. Information concerning DRI need not be made available.
Board has communicated this landmark decision of the CIC to the field.
Board's letter in F.No. III Dated: October 16, 2008 + CIC Order