Need Help: The reply to my RTI application is not complete and tried to mislead / confuse by changing dates .

[singhra]

I made an application dated 11.11.11 asking information on 6 points and last point was information about my previous RTI application dated 17.3.2010 to which they replied vide letter dated 17.11.11 that ( reproducing their reply) : " In this connection , kindly refer to our letter no BPCLD/R/2008/00135-138,277 & 547 dated 05.8.11 .There is no change in case and the information you have asked for ( relating to details of PO/EO ) is no way connected with public interest . Morever you have allready taken up issue of dismissal in court for relief the verdict of which is awaited .Hence , exempted u/s 8(1)(H) of RTI Act."
Now as above CPIO has mentioned that a date 5.8.11 there is no letter received by me as such .I had placed earlier application in year 2008 to which they replied EVASIVELY . I have the letter BPCLD/R/2008/00135-138,277& 547 DATED 5.8.08with me .It is obvious that they have changed only year which amounts to mislead and deny me information in my new application dated 11.11.11.
The information that I had asked was mainly on original list of records in possession of company of enquiry proceedings as per section 4(1)(a) of RTI Act and other point was details of Enquiry officer which they have till now denied to me .Please help me in framing an appeal to FAA against this letter .Which rules of RTI ACT and CIC decisions I have to quote so that I may get full information.

[dr.s.malhotra]

Sponsorer

Information in pending inquiry may be denied if the PIO is able to explain that its disclosure will impede the process of investigation or apprehension or prosecution of offenders .
plz give some details of the nature of the matter and complaint .

[singhra]

The nature of enquiry was domestic enquiry and final decision by disciplinary authority has been taken .I wanted to have full records of enquiry proceedings held against me as I want to compare records which they have as a company and which I have .In EO reports they have mentioned some 95 pages whereas I have with me 91 pages .Some records with me are unsigned so they have manipulated some records which they have . I wanted to have Enquiry officers appointment letter with details which was never produced during enquiry proceedings .As per CVC guidelines enquiry officer appointed should be public servant and in my case he was a retired officer of public sector undertaking so retired public sector undertaking officers do not fall under public servants .

[dr.s.malhotra]

If Inquiry is over , then you may access the records of the Inquiry .


this is a related matter of departmental disciplinary proceedings and may be of use to you :
New File Added: ACRs & disciplinary proceedings cannot be denied