The Delhi High Court held that the petitioner could not withhold information under Section 8(1)(h) of the RTI Act since the underlying corruption inquiry had concluded, rendering the exemption inapplicable.
The petition was dismissed along with the pending application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~12
.....Petitioner
Through: Mr. Anuj Aggarwal, ASC with Mr. Siddhant Dutt, Advocate.
versus
DR. AVINASH KUMAR .....Respondent Through: None.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA O R D E R
1 “the Act”
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/09/2024 at 12:08:08
“ Decision :
4. Having heard the submission and after perusal of records, the Commission directs the respondent authority to provide information from point No. 1 to 4, of RTI application dated 30.04.2015 and furnish certified copy of inquiry report received on 27.02.2015 to the appellant, within 20 days from the date of receipt of this order. The Commission directs CPIO to show cause why penalty should not be imposed against him for giving misleading information and denying the information to the appellant, within 21 days from the date of receipt of this this order.
5. Commission disposes the appeal accordingly.”
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/09/2024 at 12:08:08
RTI application.
SANJEEV NARULA, J
SEPTEMBER 11, 2024 d.negi
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/09/2024 at 12:08:08
3 issues framed by the court
Whether the pendency of an inquiry justified withholding information under Section 8(1)(h) of the RTI Act when the inquiry had since concluded.
Whether the burden to demonstrate that disclosure would impede ongoing proceedings was met by the authority.
Whether information sought in an RTI application regarding a concluded inquiry into corruption allegations should be disclosed.
1 provisions across 1 enactments
Department of Health & Family Welfare, GNCTD
Dr. Avinash Kumar
Sanjeev Narula
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
