Reasons for claiming exemption from disclosure must be given in an order
Information was sought whether any memo/letter has been issued to the Inquiry Authority or the Presenting Officer for delay in a particular inquiry proceeding. A copy of the same was sought if any such letter or memo was issued. The PIO refused to give information claiming exemption under Section 8(1) (d) & (h) of the RTI Act without giving any justification for invoking the sections. The First appellate Authority (FAA) stated that the investigation process was going on and hence the information is exempted under Section 8(1) (h).
View of CIC
The Central Information Commission observed that the respondent was not been able to establish that disclosing the information would impede the process of investigation and directed the PIO to provide the information to the Appellant.
The mere existence of an investigation process cannot be a ground for refusal of the information; the authority withholding information must show satisfactory reasons as to why the release of such information would hamper the investigation process.
Citation: Mr. K.R. Ramesh v. Bank of India in file no. CIC/SG/A/2011/003607
RTI Citation : RTIFI/2012/CIC/108
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