CIC differs with union minister on disclosing file notings
CIC differs with union minister on disclosing file notings New Delhi, Aug 12: The Central Information Commission (CIC) has differed with a Union Minister's assertion in Rajya Sabha that the denial of file notings under the Right to Information Act is in accordance with law.
Minister of State for Personnel, Public grievances and Pensions Suresh Pachouri had said in a written reply in parliament on May 10 that the decision to deny file notings under the RTI act was in accordance with "legislative intent".
Referring to its full-bench order of January, the commission said, "the response to the unstarred question submitted to parliament is not in accordance with the RTI act".
Pachouri's reply, made in response to an unstarred question in Rajya Sabha, was placed before the commission during a hearing by the department of personnel and training to justify its decision to deny certain file notings.
The commission was hearing an application by IAS officer Naresh Chauturvedi, who had sought from the department file notings of its correspondence with the central vigilance commission regarding departmental proceedings against him.
Rejecting the department's contention on non-disclosure of notings, chief information commissioner Wajahat Habibullah directed it to provide the information to Chaturvedi within 10 days. It also directed that a copy of the order be placed before the vice president in his capacity as chairman of the Rajya Sabha.
The department of personnel and training's website has been maintaining that information disclosable under the RTI act does not include file notings.
While the government says it was the "legislative intent" to keep file notings beyond the ambit of the RTI Act, the commission has consistently held a different view.