TMI Blog2013 (7) TMI 294X X X X Extracts X X X X X X X X Extracts X X X X ..... nt. Shri Mihir Kumar, Additional Commissioner/FFA, Sudhir Sharma, Asstt. Commissioner, R.K. Sudan, Superintendent and Roshan Lal, Deputy Commissioner, for the Respondent. ORDER Shri R.K. Jain, hereinafter called the appellant, has filed the present appeal dated 21-1-2012 before the Commission against the respondent Directorate General of Vigilance Customs Central Excise, New Delhi for denial of information in reply to his RTI-application dated 5-9-2011. The appellant was present whereas the respondent were represented by Shri Mihir Kumar, Additional Commissioner/FAA, Shri Sudhir Sharma, Assistant Commissioner, Shri R.K. Sudan, Superintendent and Shri Roshal Lal Deputy Commissioner. 2. The appellant has through his RTI applica ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the same may not be disclosed as they are covered under Section 8(1)(g) of the RTI Act, 2005. As regard to cases where investigation is still underway, the same may not be disclosed as they covered u/s 8(1)(h) of the RTI Act. 4. The appellant in his second appeal filed before the Commission states that the FAA s order is illegal, incorrect, arbitrary, mala fide and contrary to the provisions of the RTI Act and against the public policy and contrary to the factual aspects of the case in as much as it upholds non-disclosure of note-sheet portions of the files in question u/s 8(1)(g) and non-disclosure of information in relation to pending cases u/s 8(1)(h) of the RTI Act. The FAA has erred upholding the exemption u/s 8(1)(g) of the RT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appropriate time. 6. Having considered the submissions of the parties, the Commission notes that the CPIO has not complied with the directions of the FAA and his contention that the appellant has not approached him, establishes his casual approach towards RTI matters. The CPIO is supposed to take cognizance of the FAA s directions. He is cautioned to be more careful in future while dealing with RTI matters. The Commission hereby directs the CPIO to allow inspection of the files, where investigation have been closed on a mutually convenient date and time within fifteen days of receipt of this order and provide copies of documents identified by the appellant within fifteen days of receipt of such request from the appellant. The CPIO is furt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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