Commission: Non-disclosure sans court order unjustifiable under RTI Act; Emphasizes transparency

The Commission held that non-disclosure of information based on sub-judice status without a specific court order is legally unjustifiable under the RTI Act. Emphasizing transparency, it criticized the CPIO and Bank Chief Manager for misinterpreting provisions. The Commission directed the CPIO and FAA to provide the requested information promptly, highlighting the importance of compliance with the RTI Act. The FAA was reprimanded for not adhering to RTI Act provisions and advised to be vigilant in future implementations.

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Issues:
- Non-disclosure of information citing sub-judice status
- Compliance with RTI Act provisions by CPIO and FAA

Analysis:
- The Appellant sought information regarding a High Court order directing the CBEC to provide data on sample testing. The CPIO initially responded, but the FAA deemed the response incomplete due to pending court submission. During the hearing, the Appellant challenged the CPIO and FAA's handling of the matter, citing serious court objections and ongoing judicial monitoring.
- The Commission clarified that the RTI Act does not provide an exemption for withholding information based on sub-judice status. Citing previous decisions, the Commission emphasized that mere sub-judice status does not warrant non-disclosure unless expressly forbidden by a court order. Denial of information on sub-judice matters without a specific court order is legally untenable.
- Referring to past cases, the Commission highlighted the importance of transparency and the spirit of the RTI Act. It criticized the CPIO and Bank Chief Manager for misinterpreting provisions and emphasized that sub-judice status alone does not justify withholding information. The Commission directed the CPIO/FAA to provide the requested information within 15 days.
- The Commission reprimanded the FAA for not adhering to RTI Act provisions and advised vigilance in future implementations. The appeal was disposed with the directive to provide the information promptly, emphasizing the importance of complying with the RTI Act diligently.

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