Copy of court of inquiry conducted by Army into allegations of sexual misconduct against Indian troops deployed in UN Peacekeeping Mission in Congo were denied u/s 8(1)(h) - enquiry completed, action is yet to be finalized - CIC: denial upheld
25 Mar, 2014FACTS
Vide RTI dt 27.12.12, appellant had sought a copy of court of inquiry conducted by the Army into allegations of sexual misconduct against Indian troops deployed in UN Peacekeeping Mission in Congo in 2007-08.
2. PIO vide letter dt 17.1.13, denied the information u/s 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.
3. An appeal was filed on 28.2.13 questioning the response of PIO and quoting newspaper reports indicating that the enquiry had already been completed.
4. AA vide order dt 1.4.13, upheld the decision of the CPIO and observed that as investigation into the incident is still not completed, disclosure at this stage is likely to impede the process of investigation.
5. Submissions made by the appellant and public authority were heard. CPIO submitted that though the enquiry proceedings have been completed, action contemplated against four individuals is yet to be finalized. The Court of Inquiry proceedings contain the statements of the persons charged, witnesses and the lady concerned and would include their names and other details. No larger public interest would be served by disclosure of details which include the names of foreign nationals. Appellant reiterated his request for a copy of the report.
DECISION
6. The Hon’ble Supreme Court in the case of GirishRamchandra Deshpande has held that “The performance of an employee/officer in an organisation is primarily a matter between the employee and the employer and normally those aspects are governed by the service rules which fall under the expression ‘personal information’, the disclosure of which has no relationship to any public activity or public interest. On the other hand, the disclosure of which would cause unwarranted invasion of privacy of that individual.” The ratio of the above order applies to the present appeal also.
7. Moreover, as the process of disciplinary action is yet to be completed, denial of information u/s 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; is also upheld. The appeal is disposed of.
(Rajiv Mathur)
Central Information Commissioner
Citation: Shri SuhasChakma v. MoD (Army) in File No.CIC/LS/A/2013/001710/RM