The Economic
Times: New Delhi
Pendency of an arbitration proceeding or a litigation cannot
be a reason to deny information to an RTI applicant by any government
department, the Central Information Commission has ruled.
"The mere pendency of arbitration proceedings is not
sufficient justification by itself for withholding the information. The RTI Act
provides no exemption from disclosure requirement for sub-judice matters.
"The only exemption in sub-judice matters is regarding
what has been expressly forbidden by a court or a tribunal and what may
constitute contempt of court," Information Commissioner Basant Seth said
in his order.
The case relates to an RTI petitioner who sought from
MTNLBSE -1.04 %, through 34 different applications, details of expenditure
which are being inquired into by the authorities.
The Information officer refused to disclose the information
citing section 8(1)(h) of the RTI.
The section prohibits disclosure of information which would
impede the process of investigation or apprehension or prosecution of
offenders.
The officer said the appellant is a contractor who has been
black-listed by the department in 2007 and various disputes regarding his
payments are presently before an arbitrator and hence the information sought by
him is exempt under Section 8(1)(h) of the RTI Act.
However, Seth said the information requested by the
petitioner cannot be denied on this ground, saying, "...the denial of
information under Section 8(1)(h) of the RTI Act cannot be sustained...the CPIO
should allow the appellant to inspect the relevant records relating to his
aforesaid 34 RTI applications within 45 days from the date of receipt of this
order."
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