1. Search Case laws by Section / Act / Rule — now available beyond Income Tax. GST and Other Laws Available
2. New: “In Favour Of” filter added in Case Laws.
Try both these filters in Case Laws →
TaxTMI Login
🚀 New: Section-Wise Filter ✕
Just a moment...
1. Search Case laws by Section / Act / Rule — now available beyond Income Tax. GST and Other Laws Available
2. New: “In Favour Of” filter added in Case Laws.
Try both these filters in Case Laws →
Press 'Enter' to add multiple search terms. Rules for Better Search
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
<h1>Tribunal rules in favor of Appellant in RTI Act case; CPIO ordered to provide information</h1> The Tribunal ruled in favor of the Appellant, Shri R.K. Jain, in the RTI Act case regarding the denial of information under Section 8(1)(h). The Appellant ... 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. 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.
TaxTMI 
TaxTMI 
