RTI Appeal Over GST Appeal Data Dismissed: CIC warns CPIO of GST Appellate Office for Ignoring Hearing Notice [Read Order]

In a recent order, the Central Information Commission (CIC) dismissed an RTI (Right to Information) appeal seeking access to documents related to GST (Goods and Services Tax) appeals, citing privacy concerns under Section 8(1)(j)of the Right to Information Act, 2005.

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The appeal was filed by an applicant seeking personal and case-related details of third parties, including names, dates of appeal filings, statements, and internal notings such as file note sheets. The Commission, after examining the facts, submissions, and available records, upheld the exemption claimed by the Central Public Information Officer (CPIO).

The CPIO had provided a point-wise reply to the RTI application through a communication dated 16.06.2023. The First Appellate Authority (FAA) had also addressed the legal grounds for non-disclosure, stating that the information sought was of a personal nature and did not relate to any public activity or interest.

Disclosure of such third-party information without consent or an established overriding public interest would amount to an unwarranted invasion of privacy, which is explicitly barred under Section 8(1)(j) of the RTI Act.

The Commission further noted that the appellant neither appeared for the hearing nor submitted any written arguments to demonstrate a larger public interest that could override the exemption. In the absence of such justification, the CIC found no reason to interfere with the decision of the CPIO and FAA. Accordingly, the appeal was dismissed.

However, while the Commission upheld the denial of information, it took serious note of the CPIO’s absence during the hearing. The CPIO had failed to appear before the Commission without obtaining prior leave or submitting any explanation. The Commission expressed concern over what it described as the CPIO’s “cavalier manner” and “disrespectful approach” toward the proceedings. Such conduct, the Commission observed, reflects a disregard for the authority and objectives of the RTI mechanism.

As a result, the information commissioner, Vinod Kumar Tiwari, warned the CPIO of the GST Appellate Office to carefully follow their responsibilities under the RTI Act. In order to avoid penal action under the applicable provisions of the RTI Act, the CPIO was instructed to appear before the Commission in any future hearings.

In a recent order, the Central Information Commission ( CIC ) dismissed an RTI ( Right to Information ) appeal seeking access to documents related to GST ( Goods and Services Tax ) appeals, citing privacy concerns under Section 8(1)(j) of the Right to Information Act, 2005.

The appeal was filed by an applicant seeking personal and case-related details of third parties, including names, dates of appeal filings, statements, and internal notings such as file note sheets. The Commission, after examining the facts, submissions, and available records, upheld the exemption claimed by the Central Public Information Officer (CPIO).

The CPIO had provided a point-wise reply to the RTI application through a communication dated 16.06.2023. The First Appellate Authority (FAA) had also addressed the legal grounds for non-disclosure, stating that the information sought was of a personal nature and did not relate to any public activity or interest.

Disclosure of such third-party information without consent or an established overriding public interest would amount to an unwarranted invasion of privacy, which is explicitly barred under Section 8(1)(j) of the RTI Act.

The Commission further noted that the appellant neither appeared for the hearing nor submitted any written arguments to demonstrate a larger public interest that could override the exemption. In the absence of such justification, the CIC found no reason to interfere with the decision of the CPIO and FAA. Accordingly, the appeal was dismissed.

However, while the Commission upheld the denial of information, it took serious note of the CPIO’s absence during the hearing. The CPIO had failed to appear before the Commission without obtaining prior leave or submitting any explanation. The Commission expressed concern over what it described as the CPIO’s “cavalier manner” and “disrespectful approach” toward the proceedings. Such conduct, the Commission observed, reflects a disregard for the authority and objectives of the RTI mechanism.

As a result, the information commissioner, Vinod Kumar Tiwari, warned the CPIO of the GST Appellate Office to carefully follow their responsibilities under the RTI Act. In order to avoid penal action under the applicable provisions of the RTI Act, the CPIO was instructed to appear before the Commission in any future hearings.

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