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of <h1>Court rules in favor of appellant in RTI Act appeal; CPIO directed to reconsider denial of information</h1> <h3>RK. JAIN Versus AKHTARUL HANIF, CPIO</h3> The judge found in favor of the appellant in an appeal against the denial of information under the RTI Act. It was determined that the CPIO's denial ... - Issues:Appeal against denial of information under RTI Act.Analysis:The appellant filed an appeal against the denial of information in response to his RTI application. The appellant requested inspection of various documents and note sheets related to disciplinary cases and vigilance matters. The CPIO denied the information citing exemption under Section 8(1)(g) of the RTI Act. The appellant contended that the denial was illegal and contrary to the spirit of the RTI Act, arguing that the information sought was not related to law enforcement or security purposes. The appellant also highlighted a previous order by the CIC directing full disclosure of information by the Directorate General of Vigilance in a similar case.The judge considered the contentions of the appellant and found that the CPIO did not adequately address the request, merely relying on the exemption clause without providing sufficient reasoning. It was noted that the files in question pertained to vigilance status/clearance rather than disciplinary cases, rendering the grounds for denial invalid. The judge emphasized that the CPIO's approach should be proactive, and any claim for exemption must be supported by a well-reasoned order. Consequently, the case was remanded back to the CPIO with a directive to reconsider the request and provide a detailed response within two weeks from the date of the order.The judge also mentioned that an appeal against this order could be made to the Central Information Commission within 30 days from the receipt of the order. The judgment highlighted the importance of a thorough and reasoned decision-making process in handling RTI requests, emphasizing the need for transparency and proper application of exemptions under the law.
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