2010 (1) TMI 986

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.... by the applicant before the Appellate Authority in Ad. V. Central Board of Excise & Customs, Department of Revenue, Ministry of Finance against denial of information in respect of his RTI application dated 9-9-2009. 2. Facts of the case : The appellant has sought "inspection of all documents, records, files and manuscripts, note sheets, reports, etc., of File No. B-11015/18/2008-Ad. V and File ....

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....ontended that (a) the action of the CPIO in not providing the information is illegal and contrary to the spirit of the provisions of the RTI Act, (b) the order of the learned CPIO is illegal, incorrect and erroneous in as much as all factors which are taken for selecting and appointing a candidate to a post are within the public domain and cannot be withheld, (c) the learned CPIO has erred in hold....

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....a view that the file in question contain information about other officers also. The CPIO should have applied the provisions of section 10 about severability of the information and should have provided the information sought by the Appellant, (f) the various pleas and grounds put forth by the learned CPIO is denying the information shows that the information relating to the vigilance is not disclos....

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....med, it has to be a reasoned and speaking order. Summarily rejecting the applications would add to the burden of the Appellate Authority, as the AA would be required to go through the entire information while deciding the appeal and would have to perform the functions that are assigned to the, CPIO. Further, the files in question pertains not to the disciplinary cases but the vigilance status/clea....