Information in respect of action taken by CVC on various complaints on SECL’s Amadand Open Mining Project was denied u/s 8(1)(h) - CIC: denial upheld holding that disclosure at this stage may impede the process of investigation being carried out
4 May, 2014Information in respect of action taken by CVC on various complaints on SECL’s Amadand Open Mining Project was denied 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; 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; - Respondent: the CVC has tendered its first stage advice in the matter & recommended initiation of major penalty proceeding in the matter - CIC: disclosure of information at this stage may impede the process of examination/ investigation being carried out in the instant matter
ORDER
This matter was earlier taken up for hearing on 13.02.2014 and was adjourned to today (i.e. 02.04.2014) since no one appeared in the last hearing.
2. As scheduled the matter was heard on 02.04.2014 when the Respondents were present through Shri Keshav Rao, Director. The Appellant was however not present.
3. The Appellant through an RTI application dated 12.12.2012 sought information on eight points in respect of action taken by CVC on various complaints on SECL’s Amadand Open Mining Project.
4. The CPIO vide his letter dated 21.01.2013 declined the disclosure of information in respect of point Nos. 1 to 7 of the RTI application to the Appellant citing exemption 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; 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. He stated that the matter is yet to be finalized. As for point No. 8, he, while informing the Appellant that his letter dated 04.05.2012 has been forwarded to Ministry of Coal vide OM dated 03.08.2012 for necessary action, also provided to him copies of relevant note sheet and copy of OM dated 03.08.2012.
5. Aggrieved by this reply of the CPIO, the Appellant filed an appeal dated 29.01.2013 before the Appellate Authority which the Appellate Authority disposed of vide order dated 21.02.2013 upholding the CPIO’s reply.
6. The Appellant thereafter filed the present appeal before the Commission challenging the Respondents’ decision.
7. During the hearing the Respondents inform the Commission that the CVC has tendered its first stage advice in the matter and recommended initiation of major penalty proceeding in the matter. They also inform that in pursuance of CVC’s first stage advice, an inquiry officer has also been appointed. They thus submit that the matter is still under examination/investigation and that therefore any disclosure (of information) at this stage would impede the ongoing process of examination/investigation in terms 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; 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.
8. On consideration of the submission and on perusal of records, the Commission agrees with the Respondents that disclosure of information at this stage may impede the process of examination/ investigation being carried out in the instant matter. Hence, no disclosure can be allowed at this stage 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; 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. Appeal is rejected.
(Sushma Singh)
Chief Information Commissioner
Citation: Shri Sunil Kumar Chourasia v. Central Vigilance Commission in Case No. CIC/SM/A/2013/000691SS