Copy of the investigation report into the complaint registered against the appellant was denied as per whistle blower policy - CIC: inform the present status of Vigilance Inquiry along with the results after applying severability u/s 10
Copy of the investigation into the complaint registered against the appellant was denied as per whistle blower policy - Appellant: no reference to the exemption sections of the RTI Act or that disclosure would reveal the source of information and may endanger the life and physical safety of any person - CIC: furnish the information on the present status of the Vigilance Inquiry along with the results of the Vigilance Inquiry if, it is completed after applying severability u/s 10
Shri Yogendra Srivastava hereinafter called the Appellant has filed the present Appeal dated 6.02.2013 before the Commission against the Respondent namely Hindustan Cables Ltd., Kolkata. The Appellant was in person present in the hearing whereas from the Respondent side FAA Shri Anurag Agarwal [M (UH)] was present in the hearing.
2. The Appellant through the RTI application dated 01.11.2012 sought information on following 4 points as follows:
“(1) All certified copies of the final observation of V.O & outcome report with enclosures against the Vigilance investigation into the complaint registered against me at Department of Heavy Industry vide letter No.1(10)/2004 PEII dated 13.07.2004;
(2) All certified true copies of Vigilance clearance letter with endorsements for the investigation into the Complaint registered at Department of Heavy Industries vide letter No:1 (10)/2004 PEII dated 13.07.2004, followed by HCL Corporate Office letter Nos:CORP/VIOG77 A/04 dated 14.09.2004 issued by CVO and afterwards F.O.P Unit V.O letter No:HCL/FO/VigIn. dated 19.09.2004 against me. This inquiry was carryout in 2004 by vigilance officer at HCL (FOP), Naini Unit, Allahabad;
(3) All certified true copies of the Questionnaires inquired by the VO and my replies sheets recorded during vigilance investigation inquiry accomplish in 2004 by V.O at HCL (FOP), Naini Unit, Allahabad;
(4) All certified true copies of “Annual confidential report from financial year 20-03-04 to 20-07-08 of the undersigned”
3. CPIO vide letter dated 25.10.2012 replied to the appellant, through his reply forward letter No: CORP/VIG77A/ 12 dated 12.10.2012 of the corporate office, HCL by which the information was denied to the Appellant on the ground that the same cannot be disclosed as per whistle blower policy of the Respondent/organization.
4. Aggrieved with the reply of the CPIO, the Appellant filed a first appeal dated 30.10.2012 before the FAA in which an order has been passed by the FAA vide order No: RTI/November1201/ 15 upholding the reply of the CPIO.
5. The Appellant has thereafter filed the present appeal before the Commission.
6. During hearing before the Commission, Appellant submits that no information has been provided to him in relation to his RTI application and the same is denied to him on the ground that the same cannot be disclosed as it would reveal the source of information and may endanger the life and physical safety of the person/persons. The appellant also submits that information on Point No: 1 to 3 of his RTI application must be provided to him by the CPIO. On the other hand, the CPIO submits that the information cannot be provided as per whistle blower policy of the Respondent/organization.
7. Submissions heard and documents on file perused. Commission observes that the Appellant through RTI his application sought copy final observation of V.O & outcome report with enclosures along with copy of Vigilance clearance letter with endorsements and copy of Questionnaires inquired by the VO and Appellant reply sheets recorded during vigilance investigation inquiry. Information has been denied by the Respondent on the grounds that the same cannot be disclosed as per the whistle blower policy of the Respondent organization. There is no reference to any of the provisions of the RTI Act, 2005 under which exemption has been sought.
8. The Commission hereby directs the CPIO to furnish the information on the present status of the Vigilance Inquiry which was initiated against the Appellant along with the results/findings of the Vigilance Inquiry if, it is completed against the Appellant after severing any information under the provisions of section 10 of the RTI Act, 2005 from it which may endanger the life or physical safety of any person. Commission further directs the CPIO to provide a copy of Questionnaires and Appellant reply sheets recorded during vigilance investigation inquiry within 2 weeks of receipt of this order. Copies of annual confidential report as sought for by the Appellant in his RTI application is also to be provided, if not provided already.
Citation: Shri Yogendra Srivastava v. Hindustan Cables Ltd. in Case No: CIC/SS/A/2013/000769