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Thread: Denial Of Information On Pretext Of Clause 8(h)

  1. #1

    Question Denial Of Information On Pretext Of Clause 8(h)

    The department where a friend of mine was working on deputation as Accountant was considering his permanent absorption along with a few other deputationists. As he came to know that some people junior to him were being given a chance ahead of him, he asked some questions regarding the status of the case by way of RTI. This resulted in his immediate transfer to some other office and secondly repatriation to the parent cadre within a month. Moreover, he had to take the false blame of improper conduct in official work as the reason for his repatriation of which he is not aware of till date. Till date the department has failed to give any satisfactory or clear answer to any of his queries under the RTI Act relating to the selection process or charges of improper conduct.Further on being repatriated when he wanted to know the reasons for this action of the department by way of RTI Act as he was never given any adverse remarks or memo. The PIO of the dept. is denying the information first on the grounds that as an inquiry into the complaint of improper conduct in official work is being made, the information called for is exempted from disclosure in terms of clause 8 h of the RTI Act.In his appeal to the AA he had requested that as per the CCS CCA Rules the person against whom the so called inquiry is being initiated should be provided with the relevant information. But the information is being denied on the pretext of clause 8 h of the RTI Act setting aside the rule position as given under Rule 14 of the CCS CCA Rules. The AA has now replied that the departmental enquiry under CCS CCA rules have not yet been instituted against my friend for improper conduct in the official work. And that all the relevant papers showing improper conduct in the performance of his official work have been forwarded to the disciplinary authorities of his parent department for taking suitable action at their end.
    Please guide whether one can go to CIC for seeking the information from the department as we want to know the charges leveled against the person in question.<O</O

  2. #2
    C J Karira
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    Re: Denial Of Information On Pretext Of Clause 8(h)


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