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2013 (10) TMI 39 - Commission - Indian LawsRight to information - Incomplete and incorrect information in reply - Held that:- CESTAT, has not cited any of the exemption provisions of the RTI Act for not disclosing the information to the appellant, neither has the CPIO furnished any reasons for holding that the 3rd party information cannot be provided. The FAA has quoted the provision of Section 8(1)(h) of the RTI Act without, however, giving reasons as to how the information if disclosed would impede the process of investigation/enquiry or apprehension or prosecution of offenders - Shri Victor James, the then CPIO/Under Secretary, has prima facie provided misleading information to the appellant, at Clause (f) of his reply dated 16-9-2011 that no such report of the Enquiry Committee headed by Dr. C. Satapathy has been received in the Department of Revenue, whereas Registrar, CESTAT by his letter dated 18-8-2011 has already forwarded a copy of the said report to the Department of Revenue. A separate show-cause notice u/s 20(1) of the RTI Act would be issued to the Shri Victor James, the then CPIO/Under Secretary asking him to show-cause why a penalty should not be imposed upon him for providing misleading information to the appellant- Decided in favour of appellant.
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