Indian Kanoon - Search engine for Indian Law

Shri Ravindra Beleyur, hereinafter called the appellant has filed the present appeal dated 30.1.2012 before the Commission against the respondent Ministry of Corporate Affairs, New Delhi for not providing information in reply to his RTI-application dated 15.11.2011. The matter came up for hearing on 25.07.2012. The appellant was present whereas the respondent were represented by Shri L.R. Meena, Joint Director and Shri I.H. Ansari, Assistant Director.

2. The appellant vide his application dated 15.11.2011, filed under the provisions of the RTI Act, requested for certified documents of all the documents, including internal notings made by all the officers and Minister of Corporate Affairs, on the letter dated 22.9.2011 written by Megacity (Bangalore Developers & Builders Ltd. The CPIO vide his letter No. 06/46/2011-CL.II (N.R) dated 16.12.2011 informed the appellant that the requested information could not be parted with under the provisions of Section 8(1) (h) of the RTI Act, as the issues involved in the complaints was under process of investigation.

3. Aggrieved with the reply of the CPIO, the appellant filed first-appeal before the FAA. The FAA vide his order dated 5.1.2012 concurred with the decision of the CPIO by holding that though investigation of M/s. Megacity (Bangalore) Developers and Builders Ltd. has been completed, prosecution pursuant thereto is under progress and disclosure of the information requested could cause hindrance to legal proceedings.

6. There is merit in the contention put forth by the appellant. The Commission hereby directs the CPIO to provide, free of cost, action taken on the letter dated 22.9.2011 written by Megacity (Bangalore Developers & Builders Ltd. along with all relevant documents and notings as requested by the appellant in his RTI application within ten days of receipt of this order.

The matter is disposed of with the above directions.

(Sushma Singh) Information Commissioner Authenticated true copy: