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  1. #1
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    exemption of info under 8(1)(h) of RTI Act 2005


    I was falsely chargesheeted under SC/ST atrocity case by my officer. I have asked through RTI, the noting portion in the file between the controlling authority & appointing authority. But it was denied by FAA, SAA (CIC) saying that the information cannot be shared since investigation is pending against me & under 8(1)(h) it is forbidden. To my knowledge the information does not influence the investigation, further it will prove the mala fide intentions of the boss. Therefore, the clause 8(1)(h) should not be applied in my case. This section/clause is used by unscrupulous elements like my boss as a shield for his mala fide intentions.

    Please guide me on this how to proceed further to get the information by contesting section 8(1)(h) of RTI Act 2005.

    thanks



  2. #2
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    Default Re: exemption of info under 8(1)(h) of RTI Act 2005


    Dear Member

    You may please read the threads available here: https://www.google.co.in/webhp?rlz=1...w=1366&bih=667

    regards

  3. #3
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    Default Re: exemption of info under 8(1)(h) of RTI Act 2005


    Whenever an officer under the RTI Act invokes an exemption u/s 8, he is duty bound to provide an explanation as to how the concerned subsection applies to the instant case. Accordingly, in the instant case, the concerned authorities should have adequately explained in their decisions, how supplying the information to you will influence the investigation. (This principle has also been pointed out in numerous decisions of CIC) Sans such explanation, their orders become cryptic orders, cannot be considered speaking orders, which is against the principles of natural justice, and on this ground alone, such decisions become easily challengable.

  4. #4
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    Default Re: exemption of info under 8(1)(h) of RTI Act 2005



    Quote Originally Posted by ambrish.p View Post
    Dear Member

    You may please read the threads available here: https://www.google.co.in/webhp?rlz=1...w=1366&bih=667

    regards
    thanks for your prompt reply. Please advice me now what is the next step, i.e, (i) whether to approach full bench of CIC or (ii) to approach court of law for justice to get the info which was blocked in the shadow of sec.8 (1)(h).

    thanks once again for your reply, & with warm regards
    prasad Mamidala

  5. #5
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    Default Re: exemption of info under 8(1)(h) of RTI Act 2005


    You have to file first appeal by referring:

    Sec 8:
    http://www.rtiindia.org/forum/blogs/...decisions.html

    HOW TO FILE FIRST APPEAL [CENTRAL/STATE]
    How to write First Appeal under RTI? - Guide

    Please also refer attachment.
    Attached Files Attached Files
    It takes each of us to make difference for all of us.



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