AI Overview...
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Right to Deny Information During Pending Departmental Inquiry - The courts and commissions have upheld that the right to access information can be legitimately denied when departmental proceedings are pending, as disclosure could impede the investigation or proceedings. For instance, the Commission upheld the CPIO's response to deny information citing an ongoing departmental inquiry (#INDCIC00000057934). Similarly, courts have emphasized that pending departmental inquiries justify withholding information to preserve the integrity of investigations (#00400035248, #02000032255).
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Implications of Pending Departmental Proceedings on Disclosure - The existence of departmental proceedings influences the disclosure obligations under the RTI Act. The courts have clarified that information related to departmental inquiries, especially those still in progress, can be withheld to prevent prejudice to the process (#02300060610, #02000032255). In some cases, attempts to access such information were rejected, emphasizing the importance of safeguarding the inquiry process.
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Penalties and Departmental Proceedings under RTI Act - The RTI Act provisions, particularly Sections 20(1) and 20(2), empower authorities to impose penalties on Public Information Officers (PIOs) for wrongful denial of information and to recommend departmental proceedings. Several cases highlight the imposition of penalties (e.g., Rs.25,000) and the initiation of departmental inquiries when information is wrongfully withheld (#02000032246, #02000032255). Courts have also quashed orders that improperly penalized individuals for pending departmental proceedings or for withholding information during such inquiries (#02000032255, #02000032330).
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Legal and Procedural Considerations - Courts have noted that departmental chargesheets and inquiries are ongoing processes that justify withholding information until completion. They have also emphasized that resignation or other administrative actions do not automatically preclude departmental proceedings (#00400059893, #00800039228). Additionally, courts have scrutinized the manner in which penalties are imposed, ensuring due process is followed, especially when proceedings are still pending (#02300041076).
Analysis and Conclusion:
The collective insights from these cases affirm that under the RTI Act, the right to access information is not absolute and can be lawfully restricted during the pendency of departmental proceedings. This is to protect the integrity of investigations and disciplinary actions. Authorities are empowered to impose penalties for wrongful denial, but such actions must adhere to procedural fairness. Overall, pending departmental inquiries serve as a valid ground for denying immediate access to related information, and courts consistently support maintaining the confidentiality of ongoing proceedings to ensure fair disciplinary processes.
References:
- INDCIC00000057934
- 00400035248
- 02300060610
- 02000032246
- 00400059893
- 01100058482
- 00800039228
- 02300041076
- 02000032255
- 02000032330
Search Results for "Right to Information in Departmental Proceedings Pending"
2025 Supreme(Online)(CIC) 3980 • India - Central Information Commission
Anandi Ramalingam, IC
The Commission found the CPIO's response appropriate and upheld the right to deny information pending departmental inquiry. ... ... ... Ratio Decidendi: The court ruled that information could be denied when a departmental inquiry is pending, confirming that ... citing an ongoing departmental inquiry. ... On being queried regarding the present status, the respondent stated that a departmental inquiry in the matter is still #HL_STAR....
2011 0 Supreme(Bom) 216 • India - Bombay
ROSHAN DALVI
The information statutorily required to be disclosed as mandatory information is, therefore, analogous to and goes ahead of the right of a voter to obtain information about the life of the candidate he chooses as his leader. ... 38. ... The name of the Court and the case number shown ensured that the person interested may inspect the record and proceedings of the case to see the order taking cognizance. ... He would otherwise be entitled to such information under the Right To Informa....
2016 0 Supreme(P&H) 1853 • India - Punjab and Haryana
SURYA KANT, SUDIP AHLUWALIA
The court also noted the University's failure to provide the result of the pending departmental proceedings against the respondent ... The court also noted the University's failure to provide the result of the pending departmental proceedings against the respondent ... The court also emphasized the University's failure to provide the result of the pending departmental proceedings against the respondent ... found guilty in the #HL_ST....
2023 0 Supreme(Jhk) 348 • India - Jharkhand
RAJESH SHANKAR
Issues: The main issue was whether the Information Commissioner's decision to impose a penalty and direct departmental proceedings ... Officer, was imposed a penalty of Rs.25,000 and directed to face departmental proceedings under Section 20(1) and Section 20(2) ... 20(1) and Section 20(2) of the Act, 2005 while imposing the penalty and directing departmental proceedings against the petitioner ... initiate departmental proceeding a....
2019 0 Supreme(Bom) 1127 • India - Bombay
C.V.BHADANG
to be in progress - Admittedly, there are no criminal proceedings initiated against first respondent - PIO refused to furnish the ... enquiries - In both these departmental enquiries, charge-sheets have been served on respondent and departmental enquiries are stated ... , would impede the process of investigation- Whether it would continue till the conclusion of the departmental enquiry – Held, two ... proposed departmental proceedings. ... (iii) That, although the chargesheets have b....
2018 0 Supreme(Del) 616 • India - Delhi
VIBHU BAKHRU
Final Decision: The court allowed the petition, setting aside the impugned order and disposing of the pending applications ... Commission (CIC) directing the disclosure of information sought by a CBI official under the Right to Information Act, 2005 (RTI ... - Section 24(1) - Summary of Acts and Sections Fact of the Case: The petitioner challenged an order by the Central Information ... ... 3.2 Respondent no.2 filed an application dated 01.02.2016 under the Act seeking certain information relating to the disciplinary ....
2014 0 Supreme(Pat) 420 • India - Patna
NAVANITI PRASAD SINGH
As to the other pending departmental proceedings, the contention of the sole respondent would be that there is no law that provides that pending departmental proceedings, resignation cannot be accepted and if that be so, it was irrelevant whether another departmental proceeding was pending or not once ... It is further alleged in the election petition that there were other departmental proceedings....
2012 0 Supreme(P&H) 298 • India - Punjab and Haryana
AUGUSTINE GEORGE MASIH
Right to Information Act, 2005, S.20--Penalty--Information sought was initially denied by information officer but CIC directed to ... supply to same--Contention that penalty must have been imposed for non supply of information--Rejected in view of explanation wherein ... reasons have been assigned for belief that said information was not to be supplied--Explanation was considered & accepted by competent ... dismissed on the ground that the departmental proceedings were pendi....
2023 0 Supreme(Jhk) 409 • India - Jharkhand
RAJESH SHANKAR
a penalty and recommendation for departmental proceedings. ... Final Decision: The impugned order imposing penalty and recommending departmental proceedings was quashed, and the petitioner ... The court also highlighted the penalties to be imposed upon the Public Information Officer for refusal to provide information without ... It was also recommended that a departmental proceeding should be initiated against the petitioner under Section 20(2) of t....
2023 0 Supreme(Jhk) 621 • India - Jharkhand
RAJESH SHANKAR
Right to Information Act, 2005 – Section 20(1) and (2), 6 – Service Law – Post of District Engineer-cum-Public Information ... It was also observed by the Information Commissioner in the impugned order dated 07.06.2019 that the intention of the petitioner was to mislead the Commission in a matter which was pending since 2015 and its first hearing was conducted on 19.01.2016. ... It is further submitted that the Information Commissioner transgressed the provisions of Section 20 of the Act, 2005 while imposing penalty as w....
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