What is MALAFIDE denial of Information

[dr.s.malhotra]

plz explain precisely how will you label a denial of Information as MALA FIDE DENIAL
Plz cite most relevant Orders of Information Commissions and Judgments of Courts where MALA FIDE DENIAL OF INFORMATION has been explained adequately .

[karira]

Sponsorer

Etymology

From Latin. The word mala, which is the ablative feminine of the word malus (meaning "bad") + fide, the ablative of fides meaning "faith". Literally meaning "of bad faith".

The fraudulent deception of another person; the intentional or malicious refusal to perform some duty or contractual obligation.

http://rti.india.gov.in/cic_decision...3032008_16.pdf
http://rti.india.gov.in/cic_decision...4072008-02.pdf

[Yogi M. P. Singh]

Hon'ble members. Your friend is fully satisfied with the views expressed by Karira Sir regarding the raised topic by Hon'ble member. Here Malafide denial implies Malicious denial of information ie denial of information with wicked mind constitute offence of criminal nature. Here information seeker will have to prove that PIO withheld the information without reasonable and probable cause and actuated by malice. In such cases commission may take action against PIO under appropriate service rules.

[taurus]

The common meaning of mala fidne is 'bad faith'. Anything that is done in bad faith may be called 'mala fide'. Thus it is necessary to prove the 'intention' to deceive. Intention cannot be proved straightaway. It can at best be proved by circumstantial evidence only. Hence there cannot be a thumb rule to categorise any act as mala fide or bona fide. It depends on the facts and circumstances of each case. Other attributes of 'mala fide' act can be - arbitrariness; breach of law; misleading others; dishonest act; acting with ulterior motive etc.

[dr.s.malhotra]

any citation which gives commentary on " what is mala fide " .