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Thread: Delhi High Court Judgment Aganist CIC Decision

  1. #17

    Re: Delhi High Court Judgment Aganist CIC Decision


    thanks Karira,You always invariably comeup with gems.I was looking for this.



  2. #18
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    Re: Delhi High Court Judgment Aganist CIC Decision


    Evolving of RTI Act-2005 in India is a ray of hope for all.
    RTI Act-2005 had to come one day or the other, as flow of normal information was restricted for one flimsy reason or the other.
    This act would bring transparency and accountablilty that is needed for survival of democracy.
    Custodians of information at different levels and spheres of activities block information due to mindset. It is sad that citizens are compelled to knock the doors of Hon'ble courts to seek information thereby increasing work load of the already heavily loaded courts.
    I think RTI Act-2005 should be made more accessible to people through awareness. Public offices too need this awareness so that they also come to know that a new dawn has evolved in the country and they are duty bound to provide information to citizens.
    Basically it is the mindset that restrict flow of information and this need to be understood by information seeker as well as Appellate authorities.
    thnks

  3. #19
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    Re: Delhi High Court Judgment Aganist CIC Decision


    It would be wonderful if members could share their experiences of difficulties in obtaining information even under RTI Act-2005.
    Information that should normally be available or should be made available by custodians of information is sometimes obstructed and denied even under RTI Act-2005. I know of case where the PIO came to know of tampering of file and removal of papers but he took no actions on this and replied on an application under RTI Act-2005 that information is not available. This is how information is denied without using the provisions of exclusion. I have also come across cases where the PIO as well as Appellate authorities have replied that file is not available or has been transfered to other department etc. and closed the matter. In some cases the PIO has asked applicant to pay fee amounts in thousand/lakhs for providing copies of information, a very easy way to deny information.
    thnks

  4. #20
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    Re: Delhi High Court Judgment Aganist CIC Decision



    I hope following abstract of judgment would be usefull to many of the members, I got it from indlaw.com

    Dr. Purna Chandra Tripathy vs Union of India and Others [DELHI HIGH COURT, 15 Jul 2008]
    Issue with regard to the date from when promotion was to be considered - Held, it is not a case where on comparative merit on a pyramidical system, the petitioner has not been promoted but a case of prescribed benchmark 'VERY GOOD' not being fulfilled - Once the grading of the petitioner was below the benchmark and has adverse consequences on his promotion they were required to be communicated to the petitioner - If the reviewing authority finds favour with the representation of the petitioner, the fresh gradings be noted in the ACRs of the petitioner and consequently the petitioner would be entitled to the benefit of the promotion from the date he would have been actually so promoted but for the ACRs being below the benchmark - Petition allowed.

    can someone post a copy of the full judgment as an attachment file.

  5. #21

    Re: Delhi High Court Judgment Aganist CIC Decision


    Quote Originally Posted by karira View Post
    That was not the end of the case.......The Income Tax Department decided to file a appeal before the Division Bench of the High Court.
    This is the outcome:

    Thursday, January 3, 2008

    RTI Act - Income Tax Department determined to deny information - fails in second Appeal

    RTI Act - Income Tax Department determined to deny information - fails in second appeal before HC - no prejudice would be caused in any manner to Revenue if information is disclosed : Delhi HC

    NEW DELHI, JAN 02, 2008 : JUST a week ago, we carried a story and case where a Single Bench of the Delhi High Court had taken serious note of the lackadaisical approach of the Department in releasing the information. The High Court had directed the department to furnish the information within two weeks. Please see our story and case 2007-TIOL-739- HC-DEL-RTI

    Do you think the information was furnished? Respect for judiciary or reducing litigation are not exactly priority areas for Revenue. They took the matter in appeal before a Division Bench.

    The Division Bench was not amused and held,

    "We find no reason as to why the aforesaid information cannot be furnished at this stage as the investigation process is not going to be hampered in any manner and particularly in view of the fact that such information is being furnished only after the investigation process is complete as far as Director of Income Tax (Investigation) is concerned. It has not been explained in what manner and how information asked for and directed will hamper the assessment proceedings.

    Therefore, no prejudice would be caused in any manner to the Department even if the said information is disclosed. We find no merit in this appeal, which accordingly stands dismissed."

    The Court however granted one more week to the Department to furnish the information.

    Hopefully the Department would furnish the information instead of rushing to the Supreme Court.
    Please post a copy of the said Division Bench order, or a link to it. Thanks in advance.

  6. Re: Delhi High Court Judgment Aganist CIC Decision


    Defeat is not final when you fall down. It is final when you refuse to get up.


    This is going to be Thought for my whole life... thanks buddy

  7. #23
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    Re: Delhi High Court Judgment Aganist CIC Decision


    great news

  8. #24
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    Re: Delhi High Court Judgment Aganist CIC Decision


    Please post a copy of the said Division Bench order, or a link to it. Thanks in advance.

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