F.No.CIC/AT/A/2008/00216 Dated, the 12th September, 2008. Appellant : Shri Mukesh R. Shah Respondents : The Institute of Chartered Accountants of India (ICAI) This second-appeal was heard on 10.09.2008 in the presence of the appellant and the respondents were represented by the AA, Shri T.Karthikeyan and the CPIO, Shri V. Sagar.
2. Upon hearing the parties, Commission noted that the respondents response to the appellants RTI-request dated 08.11.2007 is mainly that most information has been transmitted to the appellant in the course of the enquiry, which was conducted against him by the ICAI in December 1998. It is also the respondents contention that parts of the information such as prima-facie opinion formed by the Council of the ICAI in its meetings on 13th and 14th December, 1998 was not liable to be disclosed as it was confidential in terms of the ICAI Act.
3. It was noted that the replies of the respondents were deficient in two respects; first, while stating that most information has been provided to the appellant in course of an earlier disciplinary enquiry against him, respondents failed to identify portions of the disclosed information with the specific query listed out in the appellants RTI-application. Second, rather than examine whether the information as requested could or could not be disclosed under the provisions of the RTI Act, respondents fell back on the ICAI Act to hold that certain items of information were not to be disclosed. Respondents could very well be right if they could establish that in regard to the confidentiality of these specific items of information there was no inconsistency between the icai act and the rti act. (section 22 of the rti act).
4. In view of the above, it is necessary that respondents are given an opportunity to re-examine their position vis--vis the appellants queries in the light of the provisions of the RTI Act.
5. Matter is accordingly remitted back to the Appellate Authority, Shri T.Karthikeyan with a direction that he will consider the matter de-novo and give a finding within one month of the receipt of this order after giving a hearing to the appellant.
6. Appeals disposed of accordingly.
7. Copy of this decision be sent to the parties. Sd/- ( A.N. TIWARI ) INFORMATION COMMISSIONER Authenticated by Sd/- ( D.C.SINGH ) Assistant Registrar