THE INSTITUTE OF CHARTED ACCOUNTANTS OF INDIA vs MAHAMADASALAM KASAMBHAI KHATRI

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4764/2010 Date of Decision: 23.02.2026 IN THE MATTER OF: THE INSTITUTE OF CHARTED ACCOUNTANTS OF INDIA .....Petitioner Through: Mr. Abhishek Aggarwal, Advocate. versus MAHAMADASALAM KASAMBHAI KHATRI .....Respondent Through: None. CORAM: HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV JUDGEMENT PURUSHAINDRA KUMAR KAURAV, J. (ORAL) 1. The Institute of Chartered Accountants of India has approached this Court impugning the order dated 23.06.2010 passed by the Central Information Commissioner [CIC] whereby a decision to show cause has been issued as to why the penalty of ₹25,000/- should not be imposed against the petitioner. 2. It is pertinent to note herein that the order of the CIC was stayed by this Court vide its order dated 20.07.2010, therefore, the said show cause notice has not been taken to its logical conclusion. 3. The facts manifest that the respondent - original applicant, appeared in the Charted Accountant examination in the year 2009. Since he could not Signature Not Verified Signature Not Verified Signed By:AMIT KUMAR Signed SHARMA Signing Date:10.03.2026 By:PURUSHAINDRA 18:40:23 Page 1 of 3 KUMAR KAURAV obtain the passing marks, he filed an application under Right to Information Act, 2005 [RTI Act], seeking a copy of the answer-sheets. The said request was declined under Sections 8(1)(e) and 8(1)(j) of the RTI Act read with Regulation 39(4) of the Chartered Accountants Regulation, 1988. Thereafter, the first appeal was dismissed and, therefore, the second appeal was preferred before the CIC. 4. The sole reason to challenge the impugned order is the non-affording opportunity of hearing to the petitioner. It is submitted that the CIC directed the RTI applicant to serve the notice on the petitioner. However