Shri Subhash Chandra Agrawal v. Department Of Justice .

F.No.CIC/AT/A/2008/00736 Dated, the 19th January, 2009 Appellant : Shri Subhash Chandra Agrawal Respondents : Department of Justice This second-appeal came up for hearing on 16.12.2008. Appellant was present, assisted by his Counsel, Shri Prashant Bhushan. Respondents requested adjournment, at the last moment, which could not be granted as all procedure for hearing had been completed and appellant was ready with the submission assisted by his Counsel.

2. The matter which was raised in the second-appeal is related to an RTI-request dated 21.01.2008 of the appellant which reads as follows:- Paragraph 81 of the esteemed Supreme Court verdict (copy enclosed) [sic] in the matter SP Gupta vs Union of India (1981suppSC87) reads if we approach the problem before us in the light of these observations, it will be clear that the class of documents consisting of the correspondence exchanged between the Law Ministry or other high level functionary of the Central Government, the Chief Justice of the High Court, the state government and the Chief Justice of India in regard to appointment or non-appointment of a High Court judge or Supreme Court judge or the transfer of a High Court judge and the notes made by these constitutional functionaries in that behalf cannot be regarded as a protected class entitled to immunity against disclosure. Kindly also arrange to send me copies of complete documents as expressed in the referred verdict and comprising of [sic] correspondence exchanged between Honourable Union Law Minister and other constitutional authorities and notes at Union Law Ministry together with file-notings on appointment of Mr Justice Jagdish Bhalla as Chief Justice of Himachal Pradesh. Please arrange all these documents right from the appointment-file earlier moved when the then President Dr APJ Abdul Kalam had returned the file of Mr Justice Jagdish Bhalla for transfer to another state. Kindly attach file-notings on movement of this RTI petition also. If some part of my query relates to some other public-authority, kindly transfer this petition to CPIO there.

3. CPIOs reply dated 19.02.2008 was challenged in first-appeal before the Appellate Authority, Shri Ramesh Abhishek, Joint Secretary, who decided the matter on 15.04.2008. Appellate Authority held that the requested information could not be divulged as it attracted exemptions under Section 8(1)(e) and Section 8(1)(i) of the RTI Act.

4. Commission in its decision dated 23.03.2007 in Appeal No.CIC/WB/A/2006/00460 in Subhash Chandra Agarwal Vs. President Secretariat, Department of Justice, had already concluded that the category of information as requested by the appellant through his RTI-application was disclosable as it did not attract any of the exemption Sections.

5. In view of the above, consistent with that decision of the Commission, it is held that the requested information must be disclosed to the appellant within four weeks of the receipt of this order through inspection of the file, records or documents germane to the RTI-queries of the appellant. Appellant shall be allowed to take such copies including certified copies on payment of the prescribed fees.

6. Appeal disposed of with these directions.

7. Copy of this decision be sent to the parties. ( A.N. TIWARI ) INFORMATION COMMISSIONER