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Information cannot be denied on mere pendency of investigation


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This article has been posted at our #LawSegment . To read the full article follow this link: Information cannot be denied on mere pendency of investigation and to subscribe to our daily mailer follow this link Join our free Right to Information Newsletter.

Mere pendency of investigation / enquiry is not sufficient justification by itself for withholding the information. It must be shown by the Central Public Information Officer *(CPIO) that the disclosure…

The law segment is available here RTI INDIA - Invoking Your Rights



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This is a VERY VERY old decision and there are several judgments subsequent to this which are exactly contrary. Do not rely too much only on this judgment, unless the IC before you is the ignorant type.

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The yard stick to be argued is the onus of proving that providing of information to that applicant impede the progress. It is not applicable if some other public authority investigates. For example you have referred the matter to CVC, CVC naturally send it to CVO, and CVO provides report to CVC. Report is finalised and CVC has to arrive only at logical conclusions, and as investigation is completed by that organisation, providing of information (already filing investigation report) can no way impede progress of investigation. Depends on circumstances.

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