Rti

You may move an appeal against the order before First Appellette Authority

The information must have been refused under section 8(1)(J) as there is no obligation on the information officer to give personal information, the disclosure of which has no relationship with any public activity or interest , or which would cause unwarranted invasion on the privacy of the individual unless authority is satisfied that the disclosure of such information is justified in the larger public interest, So in your application you would have to explain that the larger public interest is involved in disclosure of the information.

Please note that mandate of the commission is to make available to a citizen, the information in possession of a public authority by giving appropriate directions , it has no powers to inquire into why , how and in what manner the decision was taken or to direct how and in what manner the affairs of a public authority are to be conducted.

You may refer to the judgement by Central Information Commission on the subject i.e. Nitya Arya Vs Ministry of health and family welfare Ref No. 34/ICPB/2006.

1. Here, you have filed the complaint against which the enquiry was conducted by the enquiry committee formed for the purpose by the authority,

2. You can very well ask for the copy of the enquiry report through the RTI route,

3. Appeal to the Appellate authority in this regard.

Sir,

With due respect to all experts, I write to inform you that you can very well ask, with an RTI, the action taken on your complaint, and the authorities are duty bound to reply within the specified period of one month. Since you are personally involved the authorities can not refuse information u/s 8(1)(J).

As regards "the judgement by Central Information Commission on the subject i.e. Nitya Arya Vs Ministry of health and family welfare Ref No. 34/ICPB/2006.", permit me to state that action taken report was not denied; the relevant part of the decision was "......."Presently, the committee is conducting the enquiry and action taken report can be provided to the appellant only after receipt of the enquiry report and action on the same."

Good Luck,

Kishor Mehta

If the committee has completed its inquiry and submitted the report to the authority for necessary action, on an appeal, you can obtain the information sought for.