Disclosure of advice given by CVC cannot impede the process of investigation
The appellant sought information regarding the vigilance advice given by the Central Vigilance Commission (CVC) in his matter. The Public Information Officer (PIO) refused to disclose the information citing the exemption provisions contained in 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; of the Right to Information (RTI) Act stating that the disclosure of the information would impede the process of investigation of the individual concerned.
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The Central Information Commission (CIC) observed that it is not clear how the disclosure of the advice given by the CVC in this case including the relevant file noting would impede the process of the disciplinary proceeding/prosecution of the official concerned. The advice tendered by the CVC is an input based on which the competent authority decides about the nature of the disciplinary action to be taken in any particular case. The Commission further held that the affected person should have a natural right to know about the advice and the manner it is tendered. The commission directed the PIO to provide the advice tendered by the CVC in this case including the file noting leading to the advice.
Citation: Mr. Vikram Angurala v. Central Vigilance Commission, in File No. CIC/SM/A/2011/901661
RTI Citation : RTIFI/2012/CIC/583
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