2013 (7) TMI 294

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....lhi 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 application dated 5-9-2011 sought information on the following five queries : "(A) Please provide date-wise details of Vigilance enquiries/proceedings undertaken against Shri H.K. Sharan IRS of 1975 Batch and file Nos. for each complaint/vigilance case since 2003 till date; (B) Please provide details of the present status of each complaint/case and number of correspondence pages and note she....

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....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 RTI Act in relation to the note sheet portion of the files in which the cases have already been closed. The FAA has erred in not appreciating that as per the version of the CPIO, the appellant has already undertaken inspection of the subject records relating to Shri H.K. Sharan. Therefore, the information which was once disclosed to the appellant, cannot be denied subsequently by clai....