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DATE WITH RTI
Copy of Charge Memo and other documents
 
The PIO informed that the copy of Charge Memo and other documents connected with the relevant departmental proceedings were provided to the Appellant during the hearing of departmental proceedings, hence not provided in response to the instant RTI Application. The CIC observed that the PIO has erred in denying the information sought citing the matter as sub-judice. The CIC expressed displeasure over the conduct of PIO in citing Section 8(1)(h) of the RTI Act for denying the information sought. The PIO was directed to provide copy of Charge Memo and other documents connected with the relevant departmental proceedings sought in the RTI Application.
 
Comments
 
There is no provision in the RTI Act, 2005 which allows denial of information on the grounds of the matter being sub-judice. Further, if copies of certain documents are being sought under the RTI Act, they cannot be denied claiming that copies were already provided under some other proceedings.
 
Citation: Musabbar v. CPIO, Remount Training School Depot, CPIO, Remount Training School Depot in File No.: CIC/IARMY/A/2018/143104, Date of Decision: 02/01/2020
 
Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is an expert on RTI matters and has co-authored the books RIGHT TO INFORMATION - LAW AND PRACTICE and PIO’s guide to RTI. Her other articles can be read at the website of RTI Foundation of India at the link: www.rtifoundationofindia.com.

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