During the pendency of the inquiry information need not be disclosed

RTI request was rejected as the case was still under investigation. CIC agreed with the said stand observing that even if the enquiry was complete at the Institute Level, the matter cannot be said to have attained finality if it is pending with any higher authority.
In this regard, CIC relied on the decision in the matter of K.S. Prasad vs SEBI CIC/AT/A/2007/007/00234, wherein it is observed: “…as soon as an investigation or an enquiry by a subordinate Enquiry Officer in Civil and Administrative matters comes to an end and, the investigation report is submitted to a higher authority, it cannot be said to be the end of investigation. … which can be truly said to be concluded only with the decision by the competent authority.” Thus the above ratio clearly indicates that the term “investigation” used in Section 8(1)(h) of the RTI Act requires a wider interpretation and shall be read as inclusive of an enquiry conducted as part of the disciplinary proceedings”.
File No. -CIC/CAVRI/A/2018/168025/03150 File no.: – CIC/CAVRI/A/2018/168025 DD 16-3-2020    C K Beura VS CPIO Central Avian Research Institute
DE., investigation pending 8(1)(h)

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