RTI to Seek Minutes of Meeting of GSTN – HC refers matter back

IN THE HIGH COURT OF DELHI AT NEW DELHI

The Relevant Text of the Order as follows :

20. In that case also, the CIC had passed a decision to give the Minutes of the Board Meeting directing expunction of information which was exempt under Section 8(1)(d) of the Act. Hence, as noted by the aforenoted judgment, the CIC left the whole thing at the discretion of the petitioner which was held not to be the correct approach.

21. A perusal of the reply given by the CPIO dated 17.09.2014 to respondent No. 2‟s application shows that there were in all 10 Board Meetings that had been held. Further details are not on record. In the facts of this case, it would be for the CIC to go into the minutes of the Board Meetings and of the AGMs and to determine as to which of the information which is contained in the minutes attracts the provision of Section 8(1)(d) of the Act, namely, are exempt from disclosure and which portion of the minutes can be given to respondent No. 2 in response to his application under the RTI Act.

The CIC while looking at the aforesaid matter afresh may keep into account the above observations of the Supreme Court to determine as to whether the demand of respondent No. 2 for minutes of all the Board Meetings for the stated period would fall in the category of being counterproductive and a misuse/abuse of the RTI Act that was frowned upon by the Supreme Court.

22. In my opinion, the impugned order is contrary to the legal position and is set aside. The matter is remanded back to the CIC for fresh consideration as above.

23. The petition stands disposed of. Pending applications, if any, also stand disposed of.