Summons through video conference - CBI Director advised to direct his officers to avoid evasive action in dealing with RTI applications - CIC
The Central Information Commission has summoned a DIG and SP of CBI to appear before it but by video conferencing. This seems to be a better way of summoning senior officers!
And in the case before the CIC , Customs officer Ajay Ganesh Ubale had asked the CBI under the RTI Act.
1. Perusal of all the document, files, related files, connected files and communications leading to and/ or relating to and/ or emanating from or in connection with the CBI Case No. RC BAI /2001/ A0027-MUM.1
2. Peruse the "Gate Register" of CBI offices at (a) Tanna House, 11-A, Natha Lal Pareekh Marg , Colaba , Mumbai-400039 (b) Kitab Mahal , Dada Bhai Naroji Road , Mumbai-4000001 (c) MTNL Cell, K. K. Chambers , Mumbai, for entry/ exit of persons from 17.7.2001 to 24.7.2004.
3. Take photocopies/ certified extracts of necessary documents from (1) and (2) above, on payment of appropriate fees
As usual the CPIO and the appellate Authority were not exactly eager to give the documents and so Ubale is before the Commission.
The Commission held,
On the first aspect, the plea of sec. 8(1 )( h) has been taken at the level of appellate authority. Whereas appellant has submitted that investigation and prosecution are now complete and over, respondents Shri Surender Pal submitted that he has no information on this having long since demitted office as SP, SCB Mumbai. On this issue, therefore, DIG Shri V.V. Lakshmi Narayanan , Chennai and Shri S.N. Saxena , SP, CBI , SCB Mumbai will appear before us through video conferencing on 21.1.2008 at 1.00 p.m. to confirm whether the investigation is complete as sworn in affidavit by appellant Shri Ajay Ganesh Ubale , or in the alternative, and if so claimed, submit evidence that in fact the matter is still under investigation/prosecution.
With regard to (ii) above, the SP, CBI directing appellant Shri Ubale to contact different offices to inspect copies of the Gate Registers makes travesty of the very basis of the RTI Act, which demands u/s 6 that the information sought is to be provided by the CPIO . It was open to CPIO to arrange for the inspection by applicant Shri Ubale , but only with the latter's consent, at the place of location of the Gate Registers. CPIO has every authority u/s 5(4) to seek the assistance of the concerned officials either in obtaining the Gate Registers for inspection by the applicant in his office or in arranging for inspection in their regular locations. But it is not open to him to redirect the appellant to different offices for obtaining information, which will amount to a deemed refusal. Since the then CPIO Shri Surender Pal has pleaded inexperience in this regard, we do not propose a penalty. However , Director CBI Shri Vijay Shankar is advised to caution his officials working on the processing of RTI applications to avoid such evasive action in dealing with RTI applications in the future. In the present case SP CBI SCB Mumbai Shri S.N. Saxena will arrange for inspection of the Gate Registers by appellant Shri Ubale within fifteen working days of the date of issue of this Notice under intimation to Shri Pankaj K.P. Shreyaskar , Joint Registrar of this Commission.
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