2014 (1) TMI 817 - AT - Indian Laws

Request for document - Right to information - Enquiry Report is pending with competent authority for taking appropriate action - Denial under Section 8(1)(h) of RTI Act - Held that - provisions of Section 8(1)(h) will not apply in this case because no further investigation is pending. The action that is to be taken on the report cannot be considered as a process of investigation . Therefore the CPIO is directed to furnish the information asked for by the appellant within 20 days from receipt of this order - Decided in favour of Appellant.

Summary

Issues:
- Denial of information under Section 8(1)(h) of the RTI Act, 2005 regarding an inquiry report.

Analysis:
The appeal was filed by Shri R.K. Jain seeking information related to an inquiry report concerning Shri S.K. Verma. The Appellant requested various documents, including copies of memorandums, replies, correspondence, enquiry reports, and recruitment rules. The CPIO denied the information citing Section 8(1)(h) of the RTI Act, stating that the report was pending with the competent authority. The Appellant argued that Section 8(1)(h) should not apply as the inquiry was completed, and the report was submitted. He relied on a Delhi High Court decision that information cannot be denied based on pending actions post-report submission.

During the personal hearing, the Appellant contended that Section 8(1)(h) should not be invoked since the inquiry was concluded, and the report was ready. The CPIO maintained that the report could only be shared after the Disciplinary Authority decided on further actions. The Tribunal analyzed the situation and concluded that Section 8(1)(h) was not applicable as no further investigation was pending post the submission of the report. The Tribunal clarified that the actions to be taken on the report did not constitute a continuation of the investigation process. Consequently, the CPIO was directed to provide the requested information to the Appellant within 20 days from the date of the order.