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2013 (10) TMI 86 - Commission - Indian LawsRight to information - Appellant sought information relating to action taken against two specified pre-shipment agencies as recommended by Customs Excise Appellate Tribunal in its order in case [2011 (4) TMI 228 - CESTAT, AHMEDABAD] - Exemption u/s 8(1)(d) - Held that:- The Commission is not in agreement with the decision of the CPIO to correlate the information sought at point (a) & (d) to the exemption clause 8(1)(d) of the RTI Act, 2005. If certain action has been taken against any such pre-inspection agency for not doing their work properly such information ought to be in public domain once the investigation/inquiry in relation to the same is over therefore this information is to be provided to the appellant. However, in relation to the complaints/references in relation to which investigation/inquiry is still pending, the name, complaint no. and date of complaint shall be provided as premature disclosure of information may effect the process of investigation - such information is expected to be a part of the record of the public authority - order of the first appellate authority should not be merely a cryptic order, the first appellate authority is bound to pass a speaking order giving reasoning behind the order - Decision in favour of appellant.
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