CIC asks PMO to reconsider RTI plea on PM relief fund

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CIC asks PMO to reconsider RTI plea on PM relief fund
as reported by Howrah.Org, 13 August, 2008 12:17:03

The Central Information Commission has asked the Prime Minister's Office (PMO) to re-examine an RTI plea seeking information on Prime Minister's National Relief Fund (PMNRF).

Chief Information Commissioner Wajahat Habibullah, however, agreed with the contention of PMO director that certain parts of the information could qualify for exemptions under the transparency law.
Mumbai resident Shailesh Gandhi had sought information on the amounts of the PMNRF which were deposited in the banks.

In its decision, the Commission also directed the PMO to provide a response to Gandhi within 10 days.
During the hearing on the matter, the transparency panel noted that the PMO officials had used evasive words like "It is felt" and "I am of the view" in their responses, and cautioned them stating that it was "not adequate" for them to deny information seeking exemptions under the RTI Act.
"Personal predilection, it goes without saying, is not adequate for recourse to provisions of law in exempting information from disclosure," Habibullah said.

In response to Gandhi's plea, CPIO Amit Agrawal sought exemptions under the RTI Act stating that the details - related to commercial confidence - cannot be disclosed.

"It is felt that specific information regarding the terms and conditions of the deposits may amount to disclosure of information including commercial confidence, trade secrets or intellectual property, which would harm the competitive position of third parties," Agrawal said.

Aggrieved with the response, Gandhi then moved his appeal to First Appellate Authority Vini Mahajan who supported Agrawal's reply.
Allowing the appeal of Gandhi, the Commission said that there was no evidence of any deliberate attempt on the part of the PMO to withhold information.

CIC asks PMO to reconsider RTI plea on PM relief fund - Howrah News Service - Latest news and headlines on Howrah and West Bengal

CIC decision available here:
http://cic.gov.in/CIC-Orders/WB-11082008-02.pdf