Information Pertaining To Tax Evasion Petition Cannot Be Provided Under Right to Information Act: Orissa HC

The Orissa High Court has observed that information concerning the outcome of a tax evasion petition cannot be provided under the Right to Information (RTI) Act.

The Division Bench of Justice B.R. Sarangi and Justice G. Satapathy emphasized the limitations outlined in Section 8(1)(i) of the RTI Act.

"The information sought for by the petitioner clearly reveals that the petitioner has tried to make a roving enquiry and for supply of those materials, which are not to be disclosed in view of the provisions contained under clause (i) of Section 8 (1) of the Right to Information Act," the Court said. 

The case stemmed from a Writ Petition filed by a Petitioner seeking disclosure of the broad outcome of a tax evasion petition submitted by them. Specifically, he aimed to obtain information regarding the petition against individuals named Harmohan Sarangi and Himansu Sarangi.

However, the Public Information Officer, along with the first and second appellate authorities, rejected the petitioner's claim. They cited Section 8(1)(i) of the RTI Act, which exempts the disclosure of cabinet papers and records of deliberations of governmental bodies. "The Public Information Officer rejected his claim, which has been confirmed by the first appellate authority as well as the second appellate authority," the Court noted. 

The Petitioner argued that they merely sought information regarding the outcome of their petition, which was denied to them despite their application under the RTI Act.

In response, the IT department contended that the Petitioner's request amounted to a disguised attempt to access confidential proceedings, which is prohibited under Section 8(1)(i) of the RTI Act. They also argued that disclosing the broad outcome of the proceedings would contravene the Act's provisions.

Upon examination, the Division Bench concurred with the department's stance, stating that the petitioner's request constituted a veiled attempt at a roving inquiry. It emphasized that the information sought fell within the ambit of Section 8(1)(i) of the RTI Act, which prohibits the disclosure of such proceedings.

"The claim of the petitioner with regard to supply of information sought for in the application filed under Right to Information Act, is not permissible in view of the provisions contained under clause (i) of Section 8 (1) of the Right to Information Act," the Court noted. 

In its ruling, the Orissa High Court upheld the decisions of the authorities, asserting that no illegality or irregularity had occurred in denying the petitioner's request. 

The Court ordered, "In the above view of the matter, this Court is of the considered view that no illegality or irregularity has been committed by the authority in passing the orders impugned under Annexures 4, 5 and 6. Accordingly, the writ petition merits no consideration and the same is hereby dismissed."

Cause Title: Deepak Kumar Acharya v. Commissioner, Income Tax Deptt. and others

Appearance:-

Petitioner: Advocate S. Devi 

Opposite Party: Advocate S.C. Mohanty (Standing Counsel)

Click here to read/download the Order