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'ecision No2 CIC3SM3A31+**3+++4-53S63*1708
A$$eal No2 CIC3SM3A31+**3+++4-53S6
Rele9ant facts e#erging fro# t(e A$$eal.
A$$ellant : Mrs. Anita Chhabra
W/o Shri Rakesh Kumar Chhabra,
House no. 19, Type!, Se"tor1,
Sa#ik $a%ar, $e& 'e(hi
Res$ondent : Mr. 'eepak )oya(
*oint Se"retary + ,AA
Parlia#ent of India
Ra:;a Sab(a Secretariat%
-ar(iament House/Anne.e,
$e& 'e(hi
RT/ app(i"ation 0i(e# on : 1!/12/3111
-/4 rep(ie# on : 15/16/3111
,irst Appea( 0i(e# on : 3!/16/3111
,irst Appe((ate Authority or#er o0 :
Se"on# Appea( re"ei7e# on : 19/13/3111
Infor#ation Soug(t.
1. -ro7i#e "opies o0 8uestion an# ans&ers by the Member o0 -ar(iament an# this Ministry a%ainst
Centra( /n0ormation Commission sin"e 'e"ember 3119 aske# as Short $oti"e 9uestions an# Ha(0
anhour 'is"ussion 0or -ar(iament 8uestioners. Ho& many 8uestions &ere #isa((o&e# or ans&er(ess
or (apse#. Ho& many &ere a#mitte#.
3. /0 abo7e 8ueries are not a((o&e# to be #is"(ose# un#er the Ra:ya Sabha &orkin% pro"e#ures, pro7i#e
"opies o0 su"h or#ers by &hi"h it is e.empt 0rom #is"(osure.
!. -ro7i#e a(( "ommuni"ation (etters by &hi"h in0ormation on my t&o (etters 16.1!.3111 an#
39.1;.3111 &as not a((o&e# to be #is"(ose#. -ro7i#e "opies o0 notin%s/interna(
"orrespon#en"es/or#ers by &hi"h it &as "onsi#ere# not to #is"(ose the in0ormation.
Re$l; of t(e Public Infor#ation Officer (PIO.
/n0ormation &ith respe"t to 8uestions are a7ai(ab(e on the &ebsite &&&.ra:yasabha.ni".in. As 0ar as
"opies o0 permissions/ or#ers et" are "on"erne# the -/4 ha# state# that these are e.empt un#er Se"tion
<=1>="> o0 the RT/ A"t.

6rounds for t(e First A$$eal.
The -/4 has not pro7i#e# "omp(ete in0ormation. Moreo7er the in0ormation &as #enie# usin% Se"tion
<=1>="> o0 the RT/ A"t.
Order of t(e First A$$ellate Aut(orit; (FAA.
$ot mentione#.
6round of t(e Second A$$eal.
The -/4 has not pro7i#e# the "omp(ete in0ormation. Moreo7er the -/4 has &ron%(y app(ie# Se"tion <=1>
="> o0 the RT/ A"t unne"essari(y.
Rele9ant Facts e#erging during <earing.
,o((o&in% &ere present:
A$$ellant. Mrs. Anita Chhabra
Res$ondent. Mr. 'eepak )oya(, *oint Se"retary + ,AA?
The appe((ant has sou%ht in0ormation about 8uestions aske# by M-s in the Ra:ya Sabha. The
appe((ant has a(so sou%ht "opies an# note sheets o0 8uestions &hi"h &ere not p(a"e# in the house. The
-/4 has #enie# this in0ormation "(aimin% e.emption un#er Se"tion <=1>="> o0 the RT/ A"t. The -/4 has
represente# that the Ra:ya Sabha Se"retariat e.amines the 8uestions un#er the Ru(es o0 -ro"e#ures an#
Con#u"t o0 @usiness in the Coun"i( o0 StatesA. The -/4 "onten#s that this is #one on beha(0 o0 HonBb(e
Chairman o0 the Ra:ya Sabha. Hen"e he states that, Cwhen the secretariat is doing this work it is on
behalf of Chairman of the Rajya Sabha. Further, decisions on such like notices received from the
member of Rajya Sabha are taken in terms of Rajya Sabha Rules of Procedure and in this process the
Secretariat is eercising the powers and functions of !on"ble Chairman Rajya Sabha. #he decisions
arrived at in terms of the said rules are privileged and protected from disclosure into the public domain.
#he control on the business of the house falls with the jurisdiction of the house itself and this is the
Parliament Privilege. #his being so, it is not felt appropriate to divulge the decision taking process in
relation to the business of the house.A
The "ontention o0 the -/4 is that sin"e the Se"retariat has been #e(e%ate# "ertain &ork the prote"tion o0
the -ar(iament -ri7i(e%e is e.ten#e# to the se"retariat. This is an interestin% proposition but i0 this is to
be a""epte#, 7arious prote"tion %i7en to "ertain bo#ies &ou(# be e.ten#e# 0ar beyon# its inten#e#
purpose. The Commission at this sta%e "annot but remember &hat *usti"e Mathe& state# in his
:u#%ment in 1952 in Ra: $arain Ds State o0 E.-. $%n a government of responsibility like ours, where all
the agents of the public must be responsible for their conduct, there can be but few secrets. #he people
of this country have a right to know every public act, everything that is done in a public way, by their
public functionaries. #hey are entitled to know the particulars of every public transaction in all its
bearing. #he right to know, which is derived from the concept of freedom of speech, though not absolute,
is a factor which should make one wary, when secrecy is claimed for transactions which can, at any
rate, have no repercussion on public security. #o cover with veil of secrecy, the common routine
business, is not in the interest of the pubic. Such secrecy can seldom be legitimately desired. %t is
generally desired for the purpose of parties and politics or personal self&interest or
bureaucratic routine. #he responsibility of officials to eplain and to justify their acts is the chief
safeguard against oppression and corruption.'
Whether the #enia( o0 in0ormation to the "itiFen bein% is #one 7a(i#(y, is the 8uestion &hi"h the
Commission has to "onsi#er. When any institution or person #enies a "itiFenBs 0un#amenta( ri%ht %reat
"are nee#s to be taken. Ho&e7er, the ma:esty an# pri7i(e%e o0 the -ar(iament a(so ha7e to be respe"te#
&ith e8ua( "are 0or #emo"ra"y to 0un"tion proper(y. This Commission rea(iFes that there is no e.a"t
"o#i0i"ation o0 -ar(iamentary -ri7i(e%e. /n 7ie& o0 this the Commission re8uests the Chairman o0 the
Ra:ya Sabha to "onsi#er &hether %i7in% this in0ormation &ou(# be a brea"h o0 pri7i(e%e o0 the
-ar(iament. /0 the HonBb(e Chairman "omes to the "on"(usion that %i7in% this in0ormation &i(( not be a
brea"h o0 pri7i(e%e o0 -ar(iament the -/4 is #ire"te# to pro7i#e the in0ormation. /0 the Chairman "omes
to the "on"(usion that pro7i#in% this in0ormation &ou(# be a brea"h o0 pri7i(e%e o0 -ar(iament the
Appe((ant &ou(# be in0orme# a""or#in%(y by the -/4.
The Appe((ant is a((e%in% that there is a "on0(i"t o0 interest &hi"h is resu(tin% in his not %ettin% proper
#e"ision 0rom the -/4, ,AA an# the Commission. The Commission is not ab(e to see any merit in the
appe((antBs a((e%ation.

'ecision.
The Appea( is a((o&e#.
The -/4 is #ire"te# to sen# this re8uest &ith a "opy o0 this or#er to the HonBb(e
Chairman o0 Ra:ya Sabha an# pro7i#e the in0ormation to the Appe((ant &ithin !1 #ays o0
the #e"ision %i7en by the Chairman.

This #e"ision is announ"e# in open "hamber.
$oti"e o0 this #e"ision be %i7en 0ree o0 "ost to the parties.
Any in0ormation in "omp(ian"e &ith this 4r#er &i(( be pro7i#e# 0ree o0 "ost as per Se"tion 5=6> o0 RT/ A"t.

S(ailes( 6and(i
Infor#ation Co##issioner
17 Ma; 1+**
(In any correspondence on this decision, mention the complete decision number.)