Re: How to avoid RTI Sec 8(1)(g)(h)
In this case, you are entitled to receive the information on action taken by the department and the material based on which such action taken on TEP, are not exempted under section-8(1)(j) of the RTI Act. The Judgement of the Hon'ble Delhi High Court in the case of Bhagat Singh Vs CIC dealing with a similar issue of denial of information on TEP is attached herewith for your guidance.
The outright rejection is malafide. When there is a specific TEP against an assessee, the Dept is required to investigate the case and based on which it may take action or close the file for no substance in the TEP. On both the actions, the relied upon material for the decision is required to be supplied, since those information are part of departmental action different set of rules and hence cannot qualify as personal information for exemption under Sec-8(1)(j).
You may therefore file First Appeal before the First Appellate Authority within 30 days from the date of receipt of CPIO's decision based on the grounds as enumerated on Delhi High Court judgement.
Last edited by RAVEENA_O; 24-06-15 at 01:55 PM.
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