Jump to content
  • 0

Employee denied information under section 8(h)



I am working as Assistant General Manager in State Bank of India.In the year 2007, departmental proceedings were initiated against me. Enquiry was held and concluded.Charges not proved.Decision of Disciplinary Authority still awaited. I sought from PIO details of my case i.e

1. when the enquiry report was put up by concerned officers to DA

2. what was the noting made by the DA

3. When the case was referred to Chief Vigilance officer of the bank etc.


PIO has denied the information under section 8(h) taking a plea that since departmental proceedings are still pending against me and therefore the information sought by me can not be provided.


What do I do now

Link to post
Share on other sites

4 answers to this question

Recommended Posts

  • 0
  • Moderators

Dear Member


File first appeal . Please read the threads available here: 8 (1) h of rti act - Google Search


Also include:


a. It has been made clear by CIC in many cases that mere pendency of prosecution or investigation is not enough to deny info under Sec 8(1) h of the RTI Act. It needed to be proved that how disclosure of info would impede process of prosecution or investigation.


b. As per the decision of Hon'ble Delhi High Court in the Bhagat Singh is CIC, the Public authority has to discharge its onus of justifying the denial of desired information under Section 8(1)(h) of the RTI Act, by giving reasons to the effect as to how the disclosure of the desired information would impede the process of prosecution. Mere pendency of prosecution not sufficient to deny the desired information. The relevant portion of above said judgment is reproduced below:-

"Access to information under Section 3 of the Act, is the rule and exemptions under Section 8, the exception. Section 8 being a restriction on this fundamental right, must therefore is to be strictly construed. It should not be interpreted in manner as to shadow the very right self. Under Section 8, exemption from releasing information is granted if it would impede the process of investigation process cannot be a ground for refusal of the information, the authority withholding information must show satisfactory reasons as to why the release of such information would hamper the investigation process. Such reasons should be germane, and the opinion of the process being hampered should be reasonable and based on some material. Sans this consideration, section 8(1) (h) and other such provisions would become the haven for dodging demands for information."


c. ALso read: http://www.rtiindia.org/forum/46314-charge-sheet-whether-can-disclosed-under-right-information.html


d. Also refer: How to write First Appeal under RTI? - RTI Guide


First Appeal Central Govt. Guidelines: http://www.rtiindia.org/forum/blogs/jps50/18-first-appeal-central-govt-guidelines.html



Link to post
Share on other sites
  • 0

Such ground for refusal of information is not valid in departmental proceedings - it is true for cases being investigated by the police / law enforcing agencies .

Link to post
Share on other sites
  • 0
  • Moderators
Link to post
Share on other sites
  • 0
Enquiry was held and concluded.Charges not proved.Decision of Disciplinary Authority still awaited. I


The PIO was correct. You may not prevail at the CIC. If you see what you wrote - my question is - on what basis you claim that you are discharged of the offense when the decision from the authority is still pending. You may be privy to some hearsay - but you are not out of the woods yet.



section 8(1)(h) - stops disclosure - when such disclosure will compromise proceedings. There is nothing that says - Police proceedings or disciplinary proceedings - Both are same and are analogous to the context.

Now - high courts ruled that sec 8(1)(h) is for a limited period and that limit ends, when an investigation or inquiry report had been completed. In court cases, the exception ends when police file a charge-sheet.


In your case, logically sec 8(1)(h) ends when a disciplinary report is tabled. Considering your case is a court case - then you need to find out - "the phase/stage of inquiry report" - and may be difficult for you to identify. This is the only thin line you have to argue. If final Judgment and inquiry report are the same, the CIC may prefer to wait until the report is complete. You may have ground on sec 8(1)(g) - but that PIO was smart enough to contain you.

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Answer this question...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Tell a friend

    Love RTI INDIA- Online RTI? Tell a friend!
  • Members

    No members to show

  • Forum Statistics

    • Total Topics
    • Total Posts
  • Recently Browsing

    No registered users viewing this page.

  • Create New...

Important Information

By using this site, you agree to our Terms of Use & Privacy Policy