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Decision No.CIC/SG/A/2010/000314/7211
Appeal No. CIC/SG/A/2010/000314
Appellant : Mr. Ram Phool Sharma,
R/o T-357/28,
Tri Nagar, Onkar Nagar-B,
Delhi-110035
Respondent : Mr. Jagdish Chander
Public Information Officer &
Assistant Commissioner
O/o the Assistant Commissioner (North),
Food & Supply Department,
Govt. of NCT of Delhi,
23-27 Shopping Complex,
Gulabi Bagh, Delhi
RTI application filed on : 26/06/2009
PIO replied : 29/07/2009
First Appeal filed on : 28/08/2009
First Appellate Authority order : 25/09/2009
Second Appeal Received on : 09/02/2010
Notice of Hearing Sent on : 18/02/2010
Hearing Held on : 25/03/2010
Information sought:
Appellant wanted to know what action had been taken on his complaint dated 02/03/2009.
PIO's Reply:
PIO replied that, "that reply of RTI application can not be given since the matter comes under
section 8.1(h) of RTI Act, 2005"
Grounds for First Appeal:
Appellant sought reasons why action had been taken on his complaint if it did not come under
his jurisdiction.
Order of the First Appellate Authority:
"That PIO/AC (North) should have provided the information about action taken on the complaint
to the appellant within prescribed period. Even if, no action was taken on the complaint by the
officers, then, the same might have been informed accordingly."
Grounds for Second Appeal:
Appellant sought information what action had been taken on his all complainants filed by him.
Relevant Facts
emerging during Hearing:
The following were present:
Appellant: Absent;
Respondent: Mr. Jagdish Chander, Public Information Officer & Assistant Commissioner;
The Respondent had initially refused to give information on the basis of Section 8(1)(h).
His contention is that an inquiry had been constituted on the basis of the complaint of the
Appellant. He therefore refused to give information quoting Section 8(1)(h). The PIO has
wrongly claimed exemption under Section 8(1) (h) on the ground that an investigation is being
conducted. Section 8(1)(h) can be claimed only when it can be shown that the process of
investigation would be impeded and it must be shown how the process of investigation would be
impeded. Subsequently the PIO has provided the information after the order of the First
Appellate Authority. The PIO is warned to ensure that an exemption is properly reasoned when
denying the information.
Decision:
The appeal is disposed.
The information has been provided.
This decision is announced in open chamber.
Notice of this decision be given free of cost to the parties.
Any information in compliance with this Order will be provided free of cost as per Section 7(6) of RTI Act.
Shailesh Gandhi
Information Commissioner
25 March 2010
(In any correspondence on this decision, mention the complete decision number.)Rnj