Monday, November 7, 2011

Re: [HumJanenge] Denial of Informtion under sec. 8

Information can be denied only u/s 8 or 9 as mandated in section 7.1 of RTI Act. I also append below extracts from CIC decisions:
A] "Through this Order the Commission now wants to send the message loud and clear that quoting provisions of Section 8 of the RTI Act ad libitum to deny the information requested for, by CPIOs/Appellate Authorities without giving any justification or grounds as to how these provisions are applicable is simply unacceptable and clearly amounts to malafide denial of legitimate information attracting penalties under section 20(1) of the Act."CIC/OK/A/2006/00163 dated 7 July, 2006.
 
 
B] "The PIO has to give the reasons for rejection of the request for information as required under Section 7(8)(i). Merely quoting the bare clause of the Act does not imply that the reasons have been given. The PIO should have intimated as to how he had come to the conclusion that rule 8(1)(j) was applicable in this case."CIC/OK/C/2006/00010 dated 7 July, 2006.
 
 


-J. P. SHAH 9924106490  
http://www.jps50.blogspot.com/





  

From: Sidharth Misra <sidharthbbsr@gmail.com>
To: humjanenge@googlegroups.com
Sent: Monday, 7 November 2011 6:00 PM
Subject: [HumJanenge] Denial of Informtion under sec. 8

Dear Friends,

Can a PIO simply quote an Exemption and deny information ?

Or is he required to give detailed reasoning for it ?

Is there any Court/CIC decisions on it ?


Thanks in advance for your valuable feedback.

Sidharth


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