Central Information Commission, New Delhi

File No.CIC/WB/A/2010/000835-SM
Right to Information Act-2005-Under Section (19)
Date of hearing
Date of decision
:
:
3 June 2011
3 June 2011
Name of the Appellant : Smt. Anita Chabra
W/o. Shri Rakesh Kumar Chabra,
House NO. 19, Type-3, Sector-1,
Sadik Nagar, New Delhi 110 049.
Name of the Public Authority : CPIO, Rajya Sabha Secretariat,
Parliament House Annexe,
New Delhi 110 001.
The Appellant was present along with Shri Rakesh Kumar Chhabra.
On behalf of the Respondent, the following were present:-
(i) Shri A.K. Singh, Director & CPIO,
(ii) Shri Shashi Bhushan, Joint Director
Chief Information Commissioner : Shri Satyananda Mishra
2. Both the parties were present during the hearing and made their
submissions.
3. The Appellant had sought a number of information regarding the
functioning of a particular official of the Rajya Sabha Secretariat. She had also
wanted to know about the number of questions from MPs relating to the
Ministry of Personnel and the CIC which had been disallowed since 2006
CIC/WB/A/2010/000835-SM
onwards. The CPIO had refused to disclose any of this information by invoking
the exemption provisions of Section 8(1) (c), that is, on the ground that the
disclosure would constitute a breach of privilege of Parliament.
4. During the hearing, the Respondents reiterated the same argument.
They referred to an order passed by the IC(SG) in the case number
CIC/SM/A/2011/000375/SG/12498 dated 24 May 2011. In that matter, the
information sought by the same Appellant was similar to the one sought here. In
that case, the learned IC has ruled that the desired information should be
provided to the Appellant only if the Chairman of Rajya Sabha would decide
that the disclosure of such information would not constitute a breach of privilege
of that House.
5. In line with the findings of the learned IC in the above matter, we would
like to direct the CPIO to provide the desired information in this case within 10
working days from the receipt of this order after bringing it before the Chairman
of Rajya Sabha for his decision on whether the disclosure of this information
would constitute breach of privilege. In case, the Chairman decides that the
disclosure would constitute a breach of privilege, the CPIO shall clearly write to
the Appellant accordingly enclosing there with a copy of the order of the
Chairman. However, if it is decided that it would not constitute a breach of
privilege, the desired information would be provided.
6. The appeal is disposed off accordingly.
7. Copies of this order be given free of cost to the parties.
CIC/WB/A/2010/000835-SM
(Satyananda Mishra)
Chief Information Commissioner
Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges prescribed under the Act to the CPIO of this
Commission.
(Vijay Bhalla)
Deputy Registrar
CIC/WB/A/2010/000835-SM