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CENTRAL INFORMATION COMMISSION
ANANDI RAMALINGAM, J
ANIL SWAROOP – Appellant
Versus
Central Board of Secondary Education – Respondent
CIC/CBSED/A/2023/121951
1. The Appellant filed an RTI application dated 16.12.2022 seeking information on the following points:
2. The CPIO replied vide letter dated 18.01.2023 and the same is reproduced as under:-
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 01.02.2023 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 02.03.2023 upheld the reply given by the CPIO.
4. Aggrieved with the FAA’s order, the Appellant approached the Commission with the instant Second Appeal dated 12.05.2023.
5. The appellant remained present through video conference and on behalf of the respondent Ms. Usha Negi, PIO attended the hearing through video conference.
6. The appellant inter alia submitted that the information has been wrongly denied under Section 8(1)(h) of the RTI Act. He claimed that no court case is pending involving him, due to which the information has been denied as being under investigation. Rather, he was involved and called in the investigation process, hence being a part of the same he is eligible to receive the information. He further raised the concern that respondent failed to prove how the disclosure of information would impede the investigation process.
7. The respondent while defending their case inter alia submitted that the Appellant was not called during the investigation process and as per the official records received from the headquarter a total of 40 cases are pending in the court in which the Appellant is involved, hence the disclosure of information at this stage could adversely affect the process of investigation.
She explained that in RTI Application the applicant asked for the investigation report related to the surprise inspection conducted by the board on the school Mount Litra Zee School, Link Road, Gandhi Colony, Muzaffarnagar. The reply to which was sent to the applicant by the then Public Information Officer of this office, in which the applicant was informed that, the school and the applicant’s various cases are pending before the Honorable Courts, in which the applicant and Mount Litra Zee School, Muzaffarnagar are included in the list of plaintiffs and defendants, due to which information cannot be provided under Section 8 (1) (h) of the Act 2005.
In this regard, in Written Submissions of the Respondent dated 22.07.2024 it was informed that the competent authority/Principal of the school has requested their office vide its letters dated 28.11.2019, 14.10.2022 and 16.05.2023 not to provide any information related to the school, legal disputes and various cases to any person without the consent of the school, and it has also been feared that the information given by the board may influence the ongoing proceedings in the court.
Along with the list of cases pending in the court, in case number 214/2018 Shriram Educational and Charitable Trust vs. Anil Swaroop etc., the Hon'ble Court has stayed the possession and interference of Anil Swaroop.
Additionally, she informed that various legal matters are pending/pending in Courts, between the school and the applicant Mr. Anil Swaroop. Hence there is an ongoing dispute which is under process/pending in various Courts. In such cases of immovable property between private par
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