RTI Judgement Series
RTI Judgement Series: PIO provided information after severing part that could have affected prosecution

The CIC upheld the decision of the PIO and FAA to provide information after severing part under Section 10 of the RTI Act. This is 152nd in a series of important judgements given by former Central Information Commissioner Shailesh Gandhi that can be used or quoted in an RTI application

The Central Information Commission (CIC), while disposing an appeal, upheld the decision of the Public Information Officer (CPIO) and First Appellate Authority (FAA) at Central Bureau of Investigation (CBI), Dehradun, to provide the information after severing parts related with details of accused persons related with Uttarakhand police sub-inspectors (PI) recruitment scam.


While giving this judgement on 29 June 2011, Shailesh Gandhi, the then Central Information Commissioner said, “...the information, which has been severed, was not of interest to the appellant. There seems to be reasonable ground based on which, the PIO has severed certain information since it appears to be exempted under Section 8(1)(h) of the Right to Information (RTI) Act.”


Badi Mukhani (Haldwani, Nainital, Uttarakhand) resident Jitendra Joshi, on 12 April 2010, sought from the PIO copy of the SP report of the Central Bureau of Investigation (CBI) related with the SI Recruitment Scam in Uttarakhand. Joshi had appeared for the Uttarakhand Police Recruitment Examination 2002 and at the time of hearing, his appeal was pending before the High Court. He asked copy of the SP report of the CBI so that he could get some relief in the delay in the justice-delivery system.


In his reply, the PIO stated, "Can be made available a copy of SP's report of RC0072003A0018 (SI Recruitment Scam) after severing para 9(c) to 9(e) of the said report u/s 8(1)(h) of the RTI Act, 2005 as the disclosure of said paragraphs would impede the process of prosecution of offenders. But this would be done only on the payment of requisite fees viz. 36 pages X Rs2= Rs72"


Not satisfied with the PIO's reply, Joshi, the applicant filed his first appeal. He said, "...the information provided by the PIO is incomplete. This is with the intention to hide the corruption perpetuated by the Uttarakhand Government because the information sought viz. the SP Report, if revealed would expose the concerned people associated with the scam."


In his order, the FAA upheld that the information provided by the PIO was adequate.


Joshi then approached the CIC with his second appeal. In the appeal he stated, "The PIO and the FAA have provided the incomplete information with respect to the written examination and have tried to conceal rest of the information with respect to the interview, certificate and reservation. If it was unlawful to reveal the information of the S.P. Report, then the respondents should not have revealed even the partial information under the same. By not providing certain parts of the report, it is so apparent that a huge scam is being tried to be covered up."


During the hearing, the PIO stated that the information available in paras 09C to 09E in the said report which have been severed as per Section 10 of the RTI Act have details about accused persons and the explanations and defense of the accused persons and disclosing this is likely to impact the prosecution of offenders since the charges are being framed presently.


Mr Gandhi, the then CIC, said, "It appears that the information which has been severed was not of interest to the appellant and there appears to be reasonable ground based on which the PIO has severed certain information since it appears to be exempted under Section 8(1)(h) of the RTI Act."


While disposing the appeal, the Bench said the PIO had provided the information, which could be revealed after severing part of the information as per Section 10 of the RTI Act.




Decision No. CIC/SM/A/2011/000316/SG/13161


Appeal No. CIC/SM/A/2011/000316/SG


Appellant                                         : Jitendra Joshi

                                                            Post- Badi Mukhani

                                                            Haldwani (Nainital), Uttarakhand


Respondent                                    : Nilabh Kishore,

                                                            Public Information Officer & SP


                                                            Special Police Establishment

                                                            CBI Complex, Indira Nagar,



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Sensex, Nifty further upmove may be clear on Monday: Thursday closing report

As mentioned yesterday, the Nifty saw a recovery today. But a close above 5,600 on Monday is required for the up move to gain strength

The Sensex opened higher while the Nifty opened lower on Thursday. Taking cues from the Asian market, both the indices edged higher to close in the positive breaking the two days of consecutive trading losses. China reported much better than expected trade results for July, marking a sharp recovery from the previous month.  In the first hour of the trading session itself, the indices hit their respective days low. The Sensex opened at 18,687 and soon hit a higher low of 18,622, while the Nifty opened at 5,510 and hit at the same level. The National Stock Exchange (NSE) recorded a volume of 59.77 crore shares.


The stock market remains closed tomorrow, 9 August 2013, because of Ramzan Id.


At the close of the session, the benchmark hit their respective days high and closed a bit lower. The Sensex hit a higher high of 18,829 and closed at 18,789 (up 124 points or 0.67%) while the Nifty hit a higher high of 5,578 and closed at 5,566 (up 47 points or 0.84%). Among the major indices on the NSE, Smallcap was the top gainer, rising 2.17%.


Of the 50 stocks on the Nifty, 38 ended in the in the green. The major gainers were Ranbaxy (28.60%); Hindalco (5.78%);  Cipla (5.73%);  Tata Steel (5.72%) and DLF (4.27%). The main losers were State Bank of India (3.60%); Sun Pharma (3.08%); Lupin (2.92%); Dr Reddy (1.28%) and Reliance Industries (1.07%).


Out of the 27 main sectors tracked by Moneylife, the top three and the bottom three indices were:


Top ML sectors


Bottom ML sectors






Non-ferrous metals




Telecom services


Consumer products



The first meeting of the sub-committee of Financial Stability and Development Council (FSDC), chaired by RBI Governor D Subbarao met on Wednesday, where the participants discussed the “potential risk to stability of the domestic financial system”. The sub-panel also expressed concern on the deteriorating asset quality of public-sector banks and discussed corrective measures for this.


The second meeting, of the high-level committee on external commercial borrowings (ECBs), discussed measures to relax ECB norms to allow leveraged firms to tap foreign markets for funds, and to repay rupee loans from ECB proceeds.


US indices fell on Wednesday on growing uncertainty over when the Federal Reserve will start to wind down its stimulus, which has been a driving force behind the rally in equities this year. Federal Reserve Bank of Cleveland President Sandra Pianalto said on Wednesday that the central bank would be prepared to scale back asset purchases if the labour market remains on the stronger path followed since last fall.


Asian indices were a mixed bag. Jakarta Composite went up the most, up 0.36% while Nikkei 225 fell the most, 1.59%. China's exports and imports rebounded in July, exceeding estimates and adding to signs that the world's second-largest economy is stabilizing following a two-quarter slowdown. Shipments abroad rose 5.1% from a year earlier, the General Administration of Customs said in Beijing today. Imports jumped 10.9%, leaving a trade surplus of $17.8 billion.


German exports slightly recovered in June from May's sharp decline, official data showed Thursday, but foreign trade remains lackluster. Exports of goods, as opposed to services, rose 0.6% in June from May, but declined 2.1% from June 2012, data from the federal statistics office showed, indicating that foreign trade continues to lack momentum. Exports, traditionally a key driver of economic growth in Europe's largest economy, declined 0.6% in January-June compared with the same period a year earlier, as shipments to the euro zone dropped 3.1%. Imports, meanwhile, declined for the first time in four months. German goods imports in June were down 0.8% on the month and declined 1.2% on the year.


European indices were trading in the green and US Futures were also trading positive.


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