Budget file – exempted from disclosure?
Under the RTI Act somebody asked for file notes regarding exemption of excise duty to certain states like Himachal and Uttaranchal. Naturally, the department refused. The JS ,TRU who was the appellate authority also refused to divulge the information. The matter reached the information commission.
The Commission observed,
++ First and foremost, it needs to be established whether the entire file, in which this matter has been dealt with, is given a classification under the Official Secrets Act or it is an open file.
++ The AA mentioned that part of the file dealt with request from other States and persons for exemptions as well as the implication of such exemptions for the Union Budget.
++ According to the AA, all materials which go into making of the Union Budget or any aspect of it are barred from disclosure under Section 8(1)(a) of the RTI Act. He, however, agreed to examine whether it should be possible to sever sensitive part of the information covered by exemptions from the non-sensitive part, which could then be disclosed to the appellant.
++ There is also this matter regarding the interest of the third parties, which has not received sufficient attention. It is possible that the disclosed information, if any, may compromise commercial interest of a third party, whether an individual or a State.
The Appellate Authority was asked to consider the matter in de-novo examination
CIC order in F.No.CIC/AT/A/2006/00444