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Information denied under section 8 (1) (h)


dhananjaywasnik
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In the matter of disciplinary proceeding, charge sheet has already been issued, all the documents on which the charges are to be proved has been provided, however some of the documents required for defense were denied by the Inquiry Authority on the ground " Internal correspondence leading to decision making can not be revealed". As such the delinquent employee sought information under RTI Act, the information is denied simply stating that " The section 8(1) (h) of RTI Act 2005 exempt from disclosure of any information which would impede the process of investigation or apprehension or prosecution of offenders. As such, notwithstanding anything contained in this ACt, company has no obligation to provide any information/document on the referred RTI application."

 

I supposed, once the charge sheet is issued, the investigation is over, moreover no reasons have been provided while denying information, simply they have taken the please under the Act, further, the document sought are not part of investigation/prosecution documents, but certainly will help the delinquent employee to prove that the inquiry itself is ab-initio void, this may be the reason the information is denied taking shelter of the provision of Section 8 (1) (h) of RTI ACt.

 

In view of the above, kindly provide any ruling, and help so that the appeal can be file before FAA seeking required information/documents.

 

Thanks

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