In a recent development, the Delhi High Court has overturned the Central Information Commission’s (CIC) order directing the disclosure of information related to the PM CARES Fund. The court cited procedural lapses under the RTI Act as the primary reason for setting aside the order.
Background and CIC Directive
The CIC had issued the directive to disclose information about the PM CARES Fund following an RTI application. However, the Delhi High Court observed that the information was sought from the Central Public Information Officer (CPIO) of the Income Tax Department, not directly from the PM CARES Fund.
Failure to Follow RTI Act Procedure
Justice Subramonium Prasad highlighted that as the information pertained to a third party (PM CARES Fund), the CIC should have followed the procedure outlined in Section 11 of the RTI Act. This section mandates giving notice to the concerned third party before divulging information. The court emphasized that this crucial step was not followed.
Jurisdictional Issues
The high court further opined that the CIC lacked jurisdiction to direct the furnishing of information specified under Section 138 of the Income Tax Act. Even if jurisdiction existed, the failure to provide notice to the PM CARES Fund before the hearing rendered the CIC’s order defective.
Legal Mandate for Information Relating to Assessee
Section 138(1)(b) of the Income Tax Act specifies that information related to an assessee can only be supplied subject to the satisfaction of designated authorities. The court reiterated that the CIC lacked jurisdiction in this matter.
High Court Ruling
Justice Prasad stated, “In any case, even if they had the jurisdiction, the failure to give PM CARES notice of hearing would, in itself, have vitiated the impugned order.” Consequently, the high court allowed the petition filed by the Income Tax authority, challenging the CIC’s order, and set aside the directive issued on April 27, 2022.
Pending Issue of Public Authority Status
The high court noted that the broader question of whether the PM CARES Fund is a public authority is presently awaiting resolution by a division bench.
Conclusion
This decision emphasizes the importance of procedural adherence under the RTI Act, ensuring fair hearings and due process when dealing with third-party entities. The ruling highlights the legal complexities surrounding information disclosure related to entities like the PM CARES Fund and the need for clarity in such matters.
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