TMI Blog2023 (8) TMI 892X X X X Extracts X X X X X X X X Extracts X X X X ..... 15.11.2011 in directing the information in respect to the information so sought for in the application dated 01.09.2011 from Clauses 1 (a) to 1 (x) except Clause 1(g). Now coming to the information as regards Clause 1 (g) of the Application, this Court enquired with the learned counsel for the petitioners as to whether the petitioners claimed confidentiality while furnishing the list of manufacturers or suppliers of the equipments/machineries of plants before the Central Excise Department. The learned counsel for the petitioner submitted that he has no instructions in that regard. It is also relevant to take note of that there is no pleading to the effect that confidentiality was claimed at the time of furnishing the information pertain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ppellate Authority under the Right to Information Act, 2005 dated 15.12.2011 was upheld. 2. The facts involved in the instant case is that the respondent No. 4 herein had filed an application before the Central Public Information Officer, Office of the Assistant Commissioner of Central Excise, G. S. Road, Bhangagarh on 01.09.2011 seeking various information under the provisions of Right to Information Act, 2005. 3. A perusal of the said information so sought for would show that the said information pertains to granting of the eligibility status of the petitioners Company under the Industrial Policy of 1997 and the exemption to be granted in terms with the Central Excise Notification No. 33/99-CE and Notification No. 32/99-CE, both da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs herein falls squarely within the said purview of the said provisions, and as such, the First Appellate Authority as well as the Second Appellate Authority erred in law in directing the respondent No. 3 to provide the said information. 5. This Court finds it relevant at this stage to take note of that Section 8 (1) begins with the non-obstinate phrase notwithstanding anything contained in this Act . The import of this phrase is that Sub-Section (1) of Section 8 carves out an exception to the general obligation to disclose under the Right to Information Act, 2005 (for short, The RTI Act ) where the conditions set out in any of the Sub-Clauses in Clause (1) of Section 8 are satisfied, the Information Officer is under no obligation to p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s qualified and cannot be invoked where there exist the larger public interest. It is further seen that where the Information Officer determine that larger public interest warrants a disclosure, the exemption in Sub-Clauses (d) and (e) of Clause (1) of Section 8 cannot be invoked as the information must be disclosed. 6. It is also relevant to take note of Section 11 of the Right to Information Act, 2005 which relates to disclosure of third party information. It is pertinent to note that third party information in terms with Section 11 (1) of the RTI Act are information which have been supplied by a third party and has been treated as confidential by the third party. 7. This Court further finds it relevant to take note of the judgment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 01.09.2011. From a perusal of the information so sought for as enumerated from Clauses 1 (a) to 1 (x), the said information pertains to public activity except the information so sought for in Clause 1(g). The information as regards Clauses 1 (a), (b), (c), (d), (e), (f), (h), (i), (j), (k), (l), (m), (n), (o), (p), (q), (r), (s), (t), (u), (v), (w) and (x) are information which are in relation to claiming exemption in terms with the Industrial Policy of 1997 and the Notification issued by the Central Excise Authorities granting exemption as well as the exemption and benefits so granted to the petitioners Company by the Central Excise Authorities. 9. Under such circumstances, this Court is of the opinion that there is no infirmity in th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
