New Delhi: The CBI cannot claim to have a
fiduciary relationship with an accused in an inquiry and
reject an RTI application seeking information on the same, the
CIC has held.
The transparency panel held this while hearing the case
of an RTI applicant who was not given access to files
containing details of CBI's preliminary inquiry report against
an Indian Revenue Service official.
The Anti Corruption Branch of the investigating agency
had earlier refused to share the file saying it was not
"traceable" in its Mumbai office but after applicant G S Reddy
moved an appeal with a senior official, they accepted that it
has been traced.
But even after locating the file, the CBI said its
inquiry report and related documents cannot be given as they
contain details of its recommendation against the government
official held in fiduciary capacity with it.
"The CBI cannot be a fiduciary vis-a-vis accused in an
enquiry. The latter's office (accused) is independent of CBI,
and there is no hierarchy in their judicial functions, which
places him at a different plane than the CBI," Chief
Information Commissioner Wajahat Habibullah said.
He also said that exemption clause given for fiduciary
relationships in the RTI Act cannot cover investigation of
complaints of corruption.
The CBI has also pleaded that its large office in Mumbai
covers 10,000 square feet area making it difficult for it to
access records.
On this matter since the plea of respondents rests on
the argument that the CBI Offices in Mumbai are so structured
as to make access to the records difficult, a copy of this
Decision Notice with the arguments above will be sent to the
Director, CBI Ashwani Kumar who will have this authenticated
and send us a report," Habibullah said.
The Commissioner said the report from CBI director will
help them decide whether there has been malafide exercise of
authority by the agency officials in refusing information to
Reddy on the grounds of the file not being traceable.
He directed the CBI to submit the authentication report
within 15 days of receiving the decision.
PTI
First Published: Friday, January 22, 2010, 19:36