LAWS(DLH)-2010-10-143

UNION OF INDIA Vs. R S KHAN

Decided On October 07, 2010
UNION OF INDIA Appellant
V/S
R. S. KHAN Respondents

JUDGEMENT

(1.) This petition is directed against the order dated 8th May 2009 of the Central Information Commission (?CIC?) allowing the appeal of the Respondent and directing the Central Public Information Officer (?CPIO?) in the office of the Controller General of Defence Accounts (?CGDA?) to provide to the Respondent within 10 working days the information sought by her.

(2.) On 5th December 2008, the Petitioner applied to the CPIO in the CGDA seeking information in respect of 8 matters arising from the disciplinary proceedings conducted against her for a major penalty, which had recently been concluded. The Respondent had been awarded the penalty of ?censure? in those disciplinary proceedings. By an order dated 7th January 2009, the CGDA rejected the request stating that the information cannot be provided as it attracted Sections 8(i)(e), 8(i)(g) and 8(i)(j) of the Right to Information Act, 2005 (?RTI? Act, 2005). Inter alia, it was observed as under:

(3.) The Appellate Authority concurred with the view of the CPIO and dismissed the Respondent?s appeal on 4th March 2009. Thereafter, the Respondent preferred an appeal to the CIC.