CENTRAL INFORMATION COMMISSION

BLOCK IV, OLD JNU CAMPUS, NEW DELHI 110067 F.No.PBA/06/140 October 9, 2006

Appeal No.121/ICPB/2006 In the matter of Right to Information Act, 2005 Section 19.

Appellant: Public authority:

Shri. D. L. Chandhok Central Warehousing Corporation Shri O.P Bharti, General Manager (P) & PIO Shri Ajay Khera, E D & Appellate Authority.

FACTS: The appellant vide his application dated 13.3.2006 addressed to the CPIO had requested for supply of information/documents related to construction of 3.04 wide 240 Mtr long canopy at the Container Freight Station of the Central Warehousing Corporation at Kandla Port in Gujarat and related issues. The information sought comprised in serial (i) to (xiv). The CPIO declined to furnish the information applying the provisions of Section 8(1)(h) of the RTI Act on the ground that enquiry has been initiated against the concerned official. On appeal, while directing the CPIO to furnish the information/document sought in serial (i),(ii),(iii) and (xi) of the application, the appellant authority confirmed the decision of the CPIO in respect of other information. In the present appeal, the contention of the appellant is that the provisions of Section 8(1)(h) are applicable only in case of criminal investigation and not in relation to departmental enquiries. Comments were called for from the CPIO wherein he has submitted that the said provision is applicable to departmental enquiries also while in the rejoinder, the appellant has once again reiterated that the said provision is not applicable to departmental enquiries. DECISION: Even though the CPIO had declined to furnish any information, applying the principle of severability, the appellate authority has directed certain information which according to him was not exempt. For other information, he has upheld the decision of the CPIO. The appellant has sought for the remaining information contending that Section 8(1)(h) covers only those relate to criminal cases and not to departmental enquiries. impede process of investigation or apprehension This Section reads information which or prosecution of offenders. The term

investigation would include enquiries, search, scrutiny etc which could be either departmental or criminal. In F.No.CIC/AT/A/2006/00039 Dated 01-06-06 - Govind Jha, EE(SG), Jt. Dir(POL) E2W (PPC), E-in-Cs Branch, Army HQs Vs DGW, E-in-Cs Branch Army HQs , this Commission has held that the word investigation used in Section 8(1)(h) of the Act should be construed rather broadly and should include all enquiries, verification of records, assessments and so on which may be ordered in specific cases. The purpose of this exemption is that when a matter is under investigation/enquiry, disclosure of the same would prejudice the enquiry/investigation. Therefore, even when a departmental enquiry is on, the information sought in relation to such an enquiry, particularly by a third party, can be denied in terms of Section 8(1)(h). Therefore, I uphold the decision of the appellate authority. Let a copy of this decision be sent to the appellant and CPIO.

(Padma Balasubramanian) Information Commissioner Authenticated true copy :

( L. C. Singhi ) Addl. Registrar Address of parties : 1. Shri O. P. Bharti, Public Information Officer, Central Warehousing Corporation, 4/1 Sri Instirutional Area, Hauz Khas, Agust Kranti Marg, Hauz Khas, New Delhi110016 2. Shri ajay Khera, Ist Appellate Authority, Central Warehousing Corporation, 4/1 Sri Institutional Area, August Kranti Marg, Hauz Khas, New Delhi-110016 3. Shri D.L. Chandhok, Secretary General, Federation of Central Warehousing Corporation Employees Unions, wz-677, Shiv Nagar Extn., Jail Road, New Delhi110058