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2018 (7) TMI 1221 - Commission - Indian LawsSeeking of Information from CPIO - RTI application - Held that - The Commission directs the CPIO/FAA to provide information on point A(iii) to the Appellant within a period of 15 days from the date of receipt of this order - It is appalling to note that the FAA had also not acted in accordance with the provisions of the RTI Act 2005 and therefore is advised to be alert and cautious in the implementation of the RTI Act 2005 with due diligence and care - appeal disposed off.
Issues:
- Non-disclosure of information citing sub-judice status - Compliance with RTI Act provisions by CPIO and FAA Analysis: - The Appellant sought information regarding a High Court order directing the CBEC to provide data on sample testing. The CPIO initially responded, but the FAA deemed the response incomplete due to pending court submission. During the hearing, the Appellant challenged the CPIO and FAA's handling of the matter, citing serious court objections and ongoing judicial monitoring. - The Commission clarified that the RTI Act does not provide an exemption for withholding information based on sub-judice status. Citing previous decisions, the Commission emphasized that mere sub-judice status does not warrant non-disclosure unless expressly forbidden by a court order. Denial of information on sub-judice matters without a specific court order is legally untenable. - Referring to past cases, the Commission highlighted the importance of transparency and the spirit of the RTI Act. It criticized the CPIO and Bank Chief Manager for misinterpreting provisions and emphasized that sub-judice status alone does not justify withholding information. The Commission directed the CPIO/FAA to provide the requested information within 15 days. - The Commission reprimanded the FAA for not adhering to RTI Act provisions and advised vigilance in future implementations. The appeal was disposed with the directive to provide the information promptly, emphasizing the importance of complying with the RTI Act diligently.
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