Accused officer cannot use RTI Act to get info on his prosecution – Central Excise commissioner loses in High Court
A Central Excise commissioner prosecuted by the CBI asked for certain papers relating to sanction pf prosecution. The CPIO informed him,
“Perusal of the said file reveals that it deals, inter alia, with prosecution sanctioned against you by the Competent Authority. The file further reveals that the CBI has already filed a charge sheet in the Court of Hon’ble Special Judge for CBI cases, Visakhapatnam on 27.1.2005 based on the prosecution sanctioned against you by the Competent Authority. Since the proceedings are in progress in the court of law, the supply the documents, requested by you, at this stage would impede the process of prosecution of offenders. As such, exemption under Section 8(1)(h) of the RTIAct, 2005 is hereby claimed.”
The Commissioner appealed [He is now a Commissioner (Appeals)] that since prosecution has already been filed in the court of law, there would not be any impediment if the documents sought by him are provided to him.
The appellate authority held that “prosecution in itself is a process and impediment may occur at any stage during prosecution’. And so refused to part with the information.
The Commissioner took the case to the CIC which held,
The matter is pending before the trial court for adjudication. There is a due process of law under which natural justice would be ensured to him. As the process of prosecution, as per the established procedure, has been initiated, the decision of CPIO and appellate authority to claim exemption u/s 8(1)(h) from disclosure of information sought is justified.
The perseverant Commissioner took the case to the Delhi High Court which observed,
"There is no error or illegality in the orders passed by the respondents (CIC) seeking exemption under Section 8(1) (h) of the RTI Act, 2005 nor any procedural unreasonableness can be inferred."