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CIC/LICOI/A/2024/115780

2. The CPIO furnished a reply to the Appellant on 10.01.2024 stating as under:

"The information sought by you regarding the documents showing the approval of the Disciplinary Authority obtained on the request dated 11.12.2023, is in nature of internal documents/correspondence and held by the Public Authority in fiduciary capacity and also disclosure of such information would endanger the life or physical safety of the third party and would also cause unwarranted invasion of their privacy. Hence we are unable to provide the information sought by you under Section 8 (1) (e), 8 (1) (j) and 8 (1) (g) of the RTI Act.
"...OUR WRITTEN SUBMISSION TO THE SECOND APPEAL:-
In the RTI stage since the applicant sought information of the documents showing the approval of the disciplinary authority obtained on the request dated 11.12.2023, CPIO replied that the information sought is in nature of internal documents/correspondence and held by the Public Authority in fiduciary capacity and also disclosure of such information would endanger the life of physical safety of the third party and would also cause unwarranted invasion of their privacy. Hence we are unable to provide the information sought by him under Section 8(1)(e),8(1)(j) and 8(1)(g) of the RTI Act. In reply to the Appeal, it was informed that the approval for providing the above said documents was accorded by the Senior Divisional Manager who is the Disciplinary Authority in this matter. The copy of the approval letter is an internal document not meant for outside circulation and hence cannot be provided. It is further clarified that the Disciplinary Authority is the First Appellate Authority by virtue of his designation, hance there is no violation of any principles of natural justice In reply to Second Appeal, we provide our written submission as follows: It is confirmed that approval was obtained from Disciplinary Authority in Senior Divisional Manager.
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CIC/LICOI/A/2024/115780 Presenting Officer has obtained permission from Competent Authority for sharing of the said documents vide letter dated 11.12.2023 and the said documents were sent to the appellant by registered post on 13.12.2023. In First Appellate authority reply, we have informed regarding approval taken from Senior Divisional Manager, who is the Disciplinary Authority in the matter. It was Informed that copy of approval letter is an internal document, not meant for outside circulation, and hence was not provided to the appellant It was affirmed in the letter issued by Enquiry Officer vide letter dated 22.12.2023 confirming that the presenting officer obtained the approval of Disciplinary Authority as her request dated 11.12.2023 for providing copies of the two documents and also the reason for not providing the copy of approval considering that the same is not germane to the issue and is internal in nature.

➢ CPIO: "The information sought by you regarding the documents showing the approval of the Disciplinary Authority obtained on the request dated 11.12.2023 is in nature of internal documents/ correspondence and held by the Public Authority in fiduciary capacity and also disclosure of such information would endanger the life or physical 4 safety of the third party and would also cause unwarranted invasion of their privacy. Hence, we are unable to provide the information sought by you under Section 8 (1) (e), 8 (1) (j) and 8 (1) (g) of the RTI Act.