Are vigilance enquiries given a blanket exemption from disclosure under section 8(1)(h)?
22 Feb, 2013
Background
The appellant filed an application under the Right to Information (RTI) Act with the Director General (Vigilance), Customs & Central Excise, seeking information in relation to a vigilance enquiry regarding his recruitment conducted by the office of the DG Vigilance. He specifically sought the copies of all complaints received against him along with the name and address of the complainants with text of the complaint. He also wanted to know as to whether the complaints were filed under PIDPIR and the copy of the investigation file of the department. The Public Information Officer (PIO) denied the information under section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI Act stating that the matter was under investigation. The First Appellate Authority stated that till investigation is completed, the information relating thereto cannot be shared as it may be impede process of investigation. He further held that in vigilance matters, the ‘investigation’ within the meaning of section 8(1)(h) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which would impede the process of investigation or apprehension or prosecution of offenders; of the RTI Act, is deemed to continue till final decision is taken by disciplinary authority.
View of CIC
The Commission directed the PIO to provide information on the nature of the complaint filed against the appellant without revealing the names and address of the complainant by applying section 10 of the RTI Act.
Citation: Mr. R. K. Gaur v. DG Vigilance in File No. CIC/SS/A/2012/000757
RTI Citation : RTIFI/2013/CIC/1068
Click here to view original RTI order of Court / Information Commission