2013 (7) TMI 1007

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....e following order :  "1.     The present appeal is being heard in continuation of adjunct order of the Commission dated 7-12-2012. The identical applications in file no. CIC/SS/A/12/000796 & CIC/SS/A/12/000797 are being dealt with a common order. 2.       The appellant submits that he is pressing only for penalty proceedings under Section 18 of the RTI Act, 2005. 3.       The key issue for determination is whether the CPIO has delayed or denied the information to the appellant in such a manner as to make himself liable for penalty proceedings under Section 20 of the RTI Act. 4.       The appe....

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....llate authority's order. The appellant has inspected the file relating to leave details of Ms. Archana Wadhwa and the same is not in dispute. 10.     The respondent submits that the said file relating to the leave records of President, CESTAT was inspected by the appellant on several occasions in relation to other RTI applications. The respondent has furnished a list of various dates on which the appellant inspected the same file. 11.     However, the appellant maintains that the information sought in this particular RTI was not provided to him. Decision : After hearing both the parties, the Commission is of the view that it is essential to determine whether the inf....

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....e/leave of Ms. Archana Wadhwa and the leave details of President, CESTAT within 15 days. In compliance of the order of AA, the appellant was invited to inspect the relevant files vide letter dated 1-7-2011. The appellant inspected the file relating to the study leave/leave of Ms. Archana Wadhwa. However, the file relating to the leave records of President, CESTAT, could not be offered for inspection to the appellant as it was under submission to the higher authorities at that point of time. However, inspection of the leave records of President, CESTAT was subsequently given to the appellant. 5. On the other hand, the appellant would submit that CPIO had offered him inspection vide letter dated 19-1-2012 i.e. after a delay of 190 day....