Status of department vigilance proceedings against the appellant was denied u/s 8(1)(g) & (h) - Appellant: proceedings were pending for over 2 years & his pension, gratuity and other dues have been held up - CIC: provide factual position regarding status
1. Vide RTI dt 31.12.12 appellant had sought information on 6 points relating to department vigilance proceedings against the appellant.
2. CPIO vide letter dt 18.2.13, informed the appellant that since disciplinary proceedings initiated against the appellant under Rule 14 of CCS(CCA)Rules have not been finalized, information sought cannot be provided under section 8(1)(g) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; and 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 RTI Act.
3. An appeal was filed on 13.3.13.
4. AA vide order dt 18.4.13, upheld the decision of the CPIO.
5. Submissions made by the appellant and public authority were heard. Appellant submitted that departmental proceedings are pending against him for over two years and as a result of the same, his pension, gratuity and other dues have been held up. He was not seeking any papers but merely wanted to know the status of his case.
6. The Commission directs the CPIO Ms Kalpana Kataria, Addl DIT (Vig) to provide factual position in regard to query no. 1, 2 and 4 within three weeks of receipt of this order. Remaining queries do not fall under the definition of ‘information’ as per Section 2(f) “information” means any material in any form, including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force; of the RTI Act. The appeal is disposed of.
Central Information Commissioner
Citation: Shri Kachadeo Gopalrao Pote v. IT in File No.CIC/RM/A/2013/000801