While hearing the second appeal, Central Information Commission observed that "Access to information, under Section 3 of the Act, is the rule and exemptions the exception". The information can be denied only if it is exempt as per the provisions of Section 8 or Section 9 of the RTI Act. Further, while denying information the authority withholding the information must show satisfactory reasons and such reason should be germane and based on some material. Sans this consideration the information cannot be denied.
The CPIO & Asstt. Postmaster General (Staff), Department of Posts O/o the Postmaster General, Chennai City Region,Chennai - stated that the information requested by the appellant (i.e. copy(s) of letter declining promotion by the concerned officers) is exempt under Section 8(1)(j) of the RTI Act. To a query as to how the release of the information would cause unwarranted invasion of the privacy of the individual, he was unable to give any reasoned justification.
CIC recorded that "In the instant case the CPIO has been unable to show any satisfactory reasons for withholding the information. Thus, there is no
legitimate ground for not releasing the information. Hence, the CPIO is directed to furnish the information as above to the appellant within 15 days from the date of receipt of this order."
Access to information under RTI Act is the rule and exemptions the exception
Earlier Mr. Vijai Pal from Shahjahanpur, Uttar Pradesh :-
Supply the copy of acceptance letter of declination to the post of AAO preferred by Mrs. Kamakshi BCR PA Chennai City central division in compliance of judgement and order dated 22/06/2012 passed by Hon’ble CAT Bench Madaras in OA No. 72/2012.
Supply the copy of region allotment order and declination request of the following candidates who were declared successful in post master Grade-I exam 2011.
The CPIO has denied the information under Section 8(1)(j) of the RTI Act 2005 stating that the information requested by the appellant (i.e. copy(s) of letter declining promotion by the concerned officers) is exempt under Section 8(1)(j) of the RTI Act. However, CIC decided in favor of the RTI applicant and directed CPIO to furnish the information within 15 days.
The decision is available here Mr. Vijai Pal Vs CPIO & Asstt. Postmaster General (Staff) Department of Posts O/o the Postmaster General, Chennai