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R.K. Jain Versus Central Public Information Officer/ Assistant Commissioner, Commissioner of Central Excise

2016 (4) TMI 1015 - CENTRAL INFORMATION COMMISSION

Exemption under Section 8(1)(h) of the RTI Act - Held that:- The Commission observes that the CPIO has wrongfully claimed exemption under Section 8(1)(h) of the RTI Act as the same would not be applicable since no inquiry was pending and hence, the question of investigation on inquiry does not arise. The Commission further observes that though the CPIO has provided misleading and incorrect information to the appellant there was no malafide intent on the part of the CPIO. In view of this, the CPI .....

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nue seeking the following information:A) Provide the following information in relation to the investigation alleged to have been pending before the Competent Authority as claimed in reply to point No.(A) and (C) of letter C.No.II/39/86/2012A. 3.B/1 dated 6.8.2012. (i) Intimate the date when the above enquiry/investigation was ordered and also provide a copy of the order instituting the said enquiry/investigation. (ii) Intimate the name and designation of the Officer, who has ordered the aforesai .....

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tion. (viii) Also intimate whether the aforesaid enquiry/investigation is also against Shri S.K. Verma, Asstt. Registrar, CESTAT and officers of your Commissionerate who were in connivance with him. 2. The appellant filed second appeal dated 27.12.2014 on the ground that the CPIO has knowingly given false information to the appellant that the information sought in the matter cannot be given as the matter is pending investigation. Further, the First Appellate Authority (FAA) had also confirmed th .....

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of the RTI Act, 2005. The Deputy Registrar/CPIO, CESTAT, South Zonal Bench, Bangalore vide its letter dated 05.08.2015 informed the Asstt. Commissioner/CPIO, O/o the Commissioner of Central Excise, BangaloreI that the information sought does not pertain to this office and that no matter connected to Shri S.K. Verma was under investigation with the competent authority in the year 2012 and that the disciplinary proceeding in the matter was ordered only on 13.03.2013. The CPIO s reply dated 04.10.2 .....

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