When does exemption to DGIT become applicable...

[karira]

Director General of Income Tax - Investigation (DGIT) was exempted from RTI under Sec 24 through a notification issued on 27 March 2008.

There were several Second Appeals pending with the CIC concerning DGIT for a long time. In all these cases, the applications were filed way back in 2007 and the Second Appeals were pending at CIC due to high pendancy levels.

Now, when the matters came up for hearing (there are many such matters whose similar orders have been posted on the CIC website in the last 2 days), IC Tiwari has ruled:

http://cic.gov.in/CIC-Orders/AT-21072008-06.pdf

On considering all the pleas in this matter, it is noted that the exemption to a public authority under Section 24 of the RTI Act, read with its Second Schedule, becomes effective in respect of all pending matters ― whether original, or in appeal ― from the date the exemption became applicable, which in this case is 27.03.2008. If these appeals are processed as if the exemption was never granted to DGIT (Investigation) ― as demanded by appellant― then it might result in a somewhat odd result i.e. information being authorized to be disclosed in respect of an organization, which is known to be exempt from the purview of the RTI Act. There is merit in the argument of the respondents that if an information related to the DGIT (Investigation) was undisclosed on the date the exemption to DGIT(Investigation) under Section 24 came into force, i.e. 27.03.2008, the information cannot be allowed to be disclosed merely on the ground that the applicant’s RTI-request for disclosure of information relating to DGIT(Investigation) was made prior to the crucial date. All undisclosed information ― whether part of an ongoing proceeding, or new proceeding ― will come within the exemption granted to the public authority, i.e. DGIT (Investigation). The information, therefore, cannot be authorized to be disclosed under Section 24 read with Second Schedule of the RTI Act.

(In other decisions regarding DGIT, the above desicion has been referred to and all Second Appeals dismissed)

My question is : What is the fault of the applicant if matters are pending for so long at CIC ? If CIC had heard the Second Appeals promptly, the applicants would have at least had a chance to get the information (there could also be a chance that the information was not allowed to be disclosed).

Sec 24 only states:

"..............and on the publication of such notification, such organisation shall be deemed to be included in or, as the case may be, omitted from the Schedule............"

It does not say anything about pending applications and appeals.

Can some legal member of the forum please throw some light on this ?