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2014 (12) TMI 1231

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....o furnish the information sought by him. 2. The respondent No. 2 is an Advocate. He submitted an application under Section 6 of the RTI Act on 26-7-2010 to the Central Public Information Officer, SP/CBI, Port Blair which was transferred to CPIO/CBI/ACB/Kolkata Port Blair Branch. The information sought by him is as follows :- (a)     Photocopy of the Case Diary and the supplementary case diaries in connection with the case No. RC 7 of 2008. (b)     Photocopy of the visitors Register of SP, ACB, CBI, Kolkata for the dates i.e. 18 to 20 February, 2008 and 7 to 9 April, 2008. (c)     Photocopy of GD Register of SP, ACB, CBI, Kolkata office for the per....

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....ty under the RTI Act. The Appellate Authority being the Joint Director, CBI, Kolkata dismissed the appeal on 27-9-2010 with respect to points (a) to (g). The concerned Central Public Information Officer was directed to provide the information in respect of the points (h) and (i). This information was denied by claiming exemption under Section 8(1)(j) of the Act. Being aggrieved by that order, respondent No. 2 preferred an appeal on 21-10-2010 to the Second Appellate Authority. 4. The Central Information Commission who is the 2nd Appellate Authority passed an order on 13-7-2011 after hearing the parties. The appeal filed by the respondent No. 2 was allowed and the Central Bureau of Investigation was directed to provide the informatio....

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....According to the learned counsel, the information sought by the respondent No. 2 would jeopardize the pending proceedings and also would invade the privacy of the officers concerned. 8. The CIC on considering the submissions made before it has allowed the appeal directing the Public Information Officer, Central Bureau of Investigation, Port Blair to supply the information with regard to points (a), (c) and (e) after severing the names and other particulars of persons, the disclosure of which would endanger their life or physical safety or identify the source of information or assistance given in confidence for law enforcement or security purposes. The information requested under points (b), (h) and (i) has also been directed to be s....

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.... without being afforded a hearing. The officer concerned may at a later stage be exonerated and therefore, supplying his name on the basis of a doubt would certainly cast a shadow on his integrity and consequently his career. Mr. Tabraiz did not insist on the information sought under query (h). However, the information sought under query (i) can certainly be supplied to the respondent No. 2 as rightly held by the CIC. 12. The CIC, in fact, has taken care in not directing disclosure of all material in respect of points (a), (c) and (e) and has directed that such information should be supplied after severing the names and other particulars of the persons, the disclosure of which would endanger their life or physical safety or identify....

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....at information sought under the Act cannot be refused if no public interest is involved. In the case of personal information, if it has no relationship to any public activity or interest, the Information Officer has the discretion to refuse to disclose the same, if larger public interest does not justify the disclosure of such information. The Delhi High Court and the High Court of Uttarakhand in the aforesaid judgments have taken the same view. 17. I am in respectful agreement with the view expressed in these judgments. 18. The CIC while passing the impugned order in the present case has observed that the information sought is not personal information but it pertains to individual CBI officers in respect of their public dut....