SOCIAL AUDIT OF DECISION OF CIC

Date: 26-12-2012                                                                                By email

To,

Shri Vijai Sharma,

Central Information Commissioner

Central Information Commission,

Club Building, Old JNU Campus,

New Delhi-110067

Email: vijai.sharma@nic.in

Hon’ble Sir,

Subject: Decision No. CIC/SM/A/2011/002485/VS/01549 of 17-12-2012- SOCIAL AUDIT

I invite your kind attention to paragraph 7 [b] of your captioned decision where in you have ordered CPIO to invite the consent of the third party under section 11(1) of the RTI Act 2005 to disclose the information sought by the appellant under points 2 to 7 of the RTI application.

This gives impression that CPIO needs consent [or say permission] of third party for releasing information. Under section 11, CPIO does not require consent or permission or NOC from third party. He has to give third party opportunity to be heard orally or in writing. CPIO should then finally decide whether information should be revealed or not, irrespective of third party agreeing or not.

Already CPIOs are under erroneous perception that they need permission or consent for releasing third party information and are refusing supply of such information stating that third party has not given consent to disclose. I hope my above feedback will be cogitated upon by yourgoodselves for future decisions. This will avoid wrong precedence by other CPIOs to block information.

Yours faithfully,

J. P. Shah

Copy to:

Chief Information Commissioner, Central Information Commission,

New Delhi - 110 066 Email: s.mishra@nic.in

 --If such decisions are not checked, other Information Commissioners at CIC and SICs would be tempted to replicate it. You may order review to correct defect.