CENTRAL INFORMATION COMMISSIONCENTRAL INFORMATION COMMISSION
*CENTRAL INFORMATION COMMISSION *
Appeal No.CIC/WB/A/2008/00438 dated 11.2.2008
*Right to Information Act 2005 Section 19 *
*Appellant *- Shri Ajay M. Marathe
*Respondent *- Central Bureau of Investigation
*Decision announced : 26.8.2009 *
*Facts*:
By an application of 6.9.07 Shri A. M. Marathe of Vashi, Navi Mumbai (Mah)
applied to the CBI, AC Branch, Colaba, Mumbai seeking the following
information :
1. List of complaints received by CBI (ACB) alongwith name of complainant/
complaint/ the person complained against.
2. Action for steps taken, if any, on these complaints.
To this Shri A. M. Marathe received a response from Shri Praveen Salunke, SP
CBI ACB Mumbai dated 9.10.07 as follows:
In this connection, you are hereby informed that the said information can
not be parted with you as it is exempted under section 8 (1) (g) of the RTI
Act, 2005.
Upon this Shri Marathe moved an appeal before Shri Rahul Sharma, DIG
(Police), CBI, ACB Mumbai, arguing as below:
If public comes to know that based on complaints lodged ACB, CBI does swift
through investigation and if found guilty, the concerned Govt. official is
penalized, more & more public (citizen) will come forward to complain
against erring corrupt Govt. officials.
Shri A. M. Marathes prayer before Appellate Authority, therefore, was as
follows:
An ordinary citizen, I am sure as I have said above, has a right to know
how well ACB, CBI is doing its job and getting the above mentioned
information (may be without the names of the complainant) as part of it.
Upon this Sh. Rahul Sharma, after detailed examination, has in his order of
2.11.07 directed as follows:
considering the facts mentioned herein above, the exemption has been
correctly applied by CPIO, ACB, Mumbai under section 8 (1) (g) of the RTI
Act, 2005 that reads as information, the disclosure of which would endanger
the life or physical safety of any person or identify the source of
information or assistance given in confidence for law enforcement or
security purposes.
This has brought the redoubtable Sh. A. M. Marathe before us in second
appeal with the following plea:
1. Information asked may please be provided (without the name of
complainant).
2. Appellate Authority has not conducted hearing, as per section 19 (5) in
ay appeal proceedings appellate authority may please be cushioned for not
giving me an opportunity to put forward my arguments in a hearing.
3. Appellate Authority has not issued a speaking order he has not dealt with
my arguments which were based on sections of RTI Act, point by point. He may
please be cautioned for the same.
4. Suitable penalty may please be imposed on CPIO.
5. I may please be compensated (taken amount of Rs. 100 will do) for the
trouble of going through the 1st/ 2nd appeal procedure.
The appeal was heard on 26.8.09. The following are present at NIC Studio,
Mumbai:
*Appellant *
Shri A. M. Marathe
*Respondents *
Shri Praveen Salunke, SP, CBI
Shri Faiz Ansari, Sr. Prosecutor
Shri Ansar Ali Ansari
Appellant Shri Marathe submitted that his purpose in seeking the information
is to satisfy himself that the complaints received by CBI are all attended
to. This he contended was the right of every citizen. Shri Praveen Salunke
on the other hand submitted that the CBI receives complaints all over the
country. These are all scrutinized and then placed before the competent
authority designated under the CBI Manual for a decision on further action.
Besides, even if the identities of complainants are not disclosed, the
person accused is also compromised by such disclosure of information.
Therefore, such information is not provided. On the other hand, the CBI
website provides detailed information on cases registered, those prosecuted
and the results thereof.
*DECISION NOTICE *
Having heard the arguments and examined records of this file, we find that
much of what appellant has sought is already on the CBIs website. He,
however, wishes to take a step further to satisfy himself that although the
CPIO has assured him that all complaints are scrutinized, that this is
indeed happening. This would require information to be available in the
public domain on receipt and disposal of complaints across the country.
This, however, is not an issue which can be resolved at the level of SP of a
Branch of the CBI.
Sec. 4(1)(b) demands that every public authority is expected to publish
within 120 days from the enactment of the RTI Act, and thereafter update the
publication every year, of among others aub-section (i) *the particulars of
its organization, functions and duties*. Among the principal duties of the
CBI is to receive complaints, scrutinize them and investigate them, if
necessary. Thus the particulars of these duties are expected also to be
published on the website of the CBI. Clearly initiating such a process is
beyond the competence of a Branch Office of the CBI. For this reason the
matter will be further discussed by this Information Commission with the
CBI, HQ to see how a more satisfactory arrangement for keeping the public
informed regarding these vital areas of operations is developed by the CBI.
The appeal is disposed of accordingly, with a word of commendation to
appellant Shri A. M. Marathe for the expression of his public spirit in
seeking to promote transparency and accountability in governance.
Announced in the hearing. Notice of this decision be given free of cost to
the parties.
(Wajahat Habibullah)
Chief Information Commissioner
26.8.2009
Authenticated true copy. Additional copies of orders shall be supplied
against application and payment of the charges, prescribed under the Act, to
the CPIO of this Commission.
(Pankaj Shreyaskar)
Joint Registrar
26.8.2009
--
Thanks & Rgds
Ajay Marathe
Vashi, Navi Mumbai, Maharashtra
[Non-text portions of this message have been removed]
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