The Central Information Commission (CIC) has held that file notings pertaining to a Cabinet decision are not protected from disclosure once the decision on the matter has been taken.
“In view of the findings of the Commission, and the apex court’s rulings in defining Cabinet papers, the Cabinet decision, the reasons thereof and the material on the basis of which the decision was taken, the information is liable to be disclosed once the decision has been taken, and the matter is complete, or over,” said Chief Information Commissioner Wajahat Habibullah.
The CIC ruling came on an appeal of one A.N. Gupta who had sought information regarding premature termination of his services as Director, Finance, Housing & Urban Development (HUDCO) from the Department of Personnel and Training (DoPT). He sought documents relating to notings of the Appointments Committee of the Cabinet (ACC) alleging foul play in his removal. The information was refused by the DoPT on the grounds that the disclosure of the Cabinet papers was not connected with any public activities and is protected from disclosure under the RTI Act.
Rejecting the contention, the CIC said that the very act of submitting a note to the ACC is, in fact, a public activity and cannot in any way be deemed to be a private activity, and hence protected from disclosure.
The Commission said that though the Cabinet papers have not been defined in the RTI Act but a description is available in Supreme Court’s ruling in Doypack Systems Ltd case, according to which Cabinet papers include papers brought into existence for the purpose of preparing submissions to the Cabinet.