Central Information Commission
Sanjeev Kumar Sabberwal vs Chief Commissioner Of Customs And ... on 7 March, 2022
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/CCEMT/A/2020/684002
Sanjeev Kumar Sabberwal ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Office of the Principal
Commissioner of Customs, Noida
Customs Commissionerate, RTI
Cell, Concor Complex, Greater
Noida, UP-201311 ..... ितवादीगण /Respondent
Date of Hearing : 02/02/2022
Date of Decision : 25/02/2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 17/03/2020
CPIO replied on : 02/06/2020
First appeal filed on : 02/06/2020
First Appellate Authority order : 30/06/2020
2nd Appeal/Complaint dated : 02/09/2020
Information sought:
The Appellant filed an RTI application dated 17.3.2020 seeking information on a common inquiry proceeding held in the month of January 2020 in the case of 1 Employment of Sh. Mohit Tyagi, an unauthorized person, by appraisers, Sh. Sujeet Kumar and Sh. Sanjeev Kumar Sabberwal at ICD Loni.
1. Please inform, the specific date on which the vigilance matter in this issue was initiated
2. Please inform the period involved in the issue.
3. Please inform that whether the case was based on complaint or initiated by the departmental officers.
4. If the case was based on complaint please provide the copy of complaint. If not based on complaint, please provide the details of the officers initiating the case.
5. Please provide the name & designation of the other persons /officers involved in the issue i.e Appraisers or other Customs officers posted at ICD Loni at the time of detection of alleged issue.
6. Please inform the brief facts of the case and issue involved in the case.
7. Please inform the date of initiation of preliminary enquiry in the case.
8. Please inform the date of conclusion of preliminary enquiry.
9. Please provide the copy of preliminary enquiry report submitted by the Joint Commissioner, ICD Loni.
10.Please provide the copies of all the documents relied upon by the preliminary enquiry officer in the case.
11.Please provide the date of acceptance of preliminary enquiry by the Head of Department i.e.Disciplinary Authority.
12.Please inform the present status of case.
2
The CPIO replied to the appellant on 02.06.2020 that :-
Being dissatisfied of not having received the desired information, the appellant filed a First Appeal dated 2.6.2020. FAA's order dated 30.6.2020 upheld the reply of CPIO.
Feeling aggrieved and dissatisfied of withholding of information available with the public authority with mala fide intent to safeguard the misconduct of the officers, appellant approached the Commission with the instant Second Appeal. Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through audio conference.
Respondent: Bijender Singh, Deputy Commissioner & CPIO present through audio conference.
The CPIO submitted that the information could not be provided as final action is still pending in the matter. The inquiry report has been submitted to the competent authority for approval and disclosure of the report or the records related thereto may hamper the further course of action in the matter.3
The Appellant stated that there has been no investigation per se, only a preliminary inquiry was conducted, report of which was submitted in March, 2019 and already accepted by the disciplinary authority. He further expressed his angst against the indefinite delay being caused in the conclusion of the case even as the vigilance manual prescribes 3 months to complete the preliminary inquiry.
Decision:
The Commission observes from a perusal of the facts on record that the information sought for in the RTI Application largely seeks various dates of action or generic details related to the facts and status of the case, and therefore the square denial of the information under Section 8(1)(h) of the RTI Act particularly without any justification is not tenable.
Having observed as above, the Commission directs the CPIO to provide the available dates as sought for at points 1,2,3,7,8,11 of the RTI Application and on points 6 and 12, the CPIO will provide the desired information in writing i.e based on the available record, the CPIO shall provide inputs only in writing. The said information shall be provided free of cost to the Appellant within 15 days from the date of receipt of this order under due intimation to the Commission.
Copy of documents sought for in the RTI Application will remain exempted under Section 8(1)(h) of the RTI Act as the disclosure of the preliminary enquiry report and records based on which the report was submitted may hamper the apprehension and prosecution of the offenders, even if the investigation part is touted to be complete. Similarly, the names and identity of the officers/appraisers or other third parties will stand exempted from disclosure under Section 8(1)(g) and (j) of the RTI Act.
The appeal is disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) 4 Authenticated true copy (अिभ मािणत स#यािपत ित)
1.
(C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 5