Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2020 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (8) TMI 531 - HC - Indian LawsSeeking information from GSTN under RTI - Exemption from Disclosure of information - Section 8(1) (d) and Section 8(1) (j) of the RTI Act, 2005 - Respondents (CIC) has directed the petitioner to provide copies of the minutes of the board meetings as well as the resolutions for the period 01.04.2013 to 31.12.2015 after severance of the record containing information which is exempted from disclosure under the RTI Act. HELD THAT:- the minutes of the board meetings are bound to contain some confidential information relating to the commercial aspects of the company, the technological aspects of the technology and other IT network that it is providing to various governments/government agencies. It would include information of commercial confidence, information which can be termed to be trade secrets, information which can be termed to be intellectual property regarding the various IT technologies used. Disclosure of such information is likely to harm the interest of the petitioner. Respondent has failed to show that larger public interest warrants the disclosure of such information. This aspect has not been noted or stated in the impugned order. 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. 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 matter is remanded back to the CIC for fresh consideration - petition allowed by way of remand.
|