Central Information Commission
Rakesh Kumar Gupta vs Central Vigilance Commission on 14 September, 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/CVCOM/A/2020/677336
RAKESH K. GUPTA ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Central Vigilance Commission,
RTI Cell, Satarkta Bhawan,
GPO Complex, Block A,
INA, New Delhi - 110023 .... ितवादीगण /Respondent
Date of Decision : 12/09 /2022
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on : 11/09/2020
CPIO replied on : 23/01/2020
First appeal filed on : 23/01/2020
First Appellate Authority order : 12/02/2020
2nd Appeal/Complaint dated : 10/07/2020
Information sought:
1The Appellant filed an RTI application dated 11.09.2019 seeking information as under:
1) "Kindly provide detail of officers retired under scheme of compulsory Retirement under Fundamental Rule 56(j) of Central Civil Services (Pension) Rules, 1972 since 2012.
2) List should cleanly state reason for each officer's retirement. In Case it is Corruption case (integrity), then kindly give detail of charge , date it was came to Government knowledge, status on the date of retirement.
3) Kindly provide the present status of corruption case -of officers retired (due to corruption charge) listed in item number 1 above Information should be given case wise by e mail to Undersigned. Kindly provide soft copy - the rules, regulation, instruction, information covered in (Section 4(1)(b) (iii),
(iv), (v) and (xvii) (corruption case -of officers retired (due to corruption charge) listed in item number 1 above by e mail to Undersigned.
4) Kindly provide soft copy information covered in (Section 4(1)(b) ((xiv) details in respect of the information, available to or held by it, reduced in an electronic form in compliance of Section 4(1)(a) of RTI Act, 2015 available related to Vigilance complaints, report by CVO including by e mail to Undersigned.
5) Kindly provide soft copy information about how, cases are categories for penalty in disciplinary actions and how minor and major penalties are decided. (Covered in (Section 4 RTI Act, 2015 available related to Vigilance section of class one officers and above by e mail to Undersigned.
6) Kindly provide list of officer compulsory retired (not covered under Point 1) since 2013 due to corruption charges along with detail of charges and action taken on proved charge.
7) Kindly provide number of cases pending (investigation) at each stage AVO/DVO wise, OR designation used in department Detail should be given category wise Like general complaints, pending CVC Complaints for investigation (directly handle by CVC and through CVO), Pending initiated 2 disciplinary proceeding, disciplinary proceeding finalised after 31/3/2019 Information is needed only case/ complaint prior to 31/3/2019 A> For general complaints handle by CVC 3 8a) Kindly provide formats of reports / presentation to be submitted by CVO to CVC for overall rating and supervision by CVC.
8b) Kindly provide reports / presentation submitted by CVO of Income Tax department and DDA to CVC for overall rating and supervision by CVC. In FY 2018-19 and 2019-20 till 31/12/2019.
9a) Kindly provide Complaint case number (with date and name of organisation) against CVO's received by CVC for each complaint. Kindly also give the name of CVO with organisation name to whom Complaint was forwarded for investigation/ n.a. for each complaint. 9b) Kindly provide Complaint case number (with date) against CVO's received by CVC and sent to same CVO (accused himself) for investigation.
Although these Complaints should be investigated by CVC itself or CVO of another organisation. (Like complaint number 124387/2019/vigilance-8)."
The CPIO replied to the appellant on 23.01.2020 stating as follows: -
"The information sought in RTI does not pertains to matters dealt in confidential branch. This branch d3eals only with the complaints received under the provisions of Public Interest Disclosure and Protection of Informer (PIDPI) Resolution. In clause 4(ii) of PIDPI Resolution dated 21.04.2004 it was stated that "The identity of the complainant will not be revealed unless the complainant 4 himself made the details of the complaint either public or disclosed his identity to any other office or authority". Therefore, keeping in view the above provision of PIDPI Resolution any details about the complaints and action taken cannot be provided.
Further, the denial of information pertaining to PIDPI Resolution has been upheld by Central Information Commission also. In one such decision the CIC in the case of Shri R.N Dwivedi Vs Central Vigilance Commission in case No. CIC/WB/A/2008/01082, has decided that 'the concerned public authority under DoPT Resolution issued in pursuance of the Supreme Court direction in WPC 539/2008 is obliged not to disclose the identity of the complainant. Any information regarding the complaint under PIDPI cannot be disclosed to anyone because disclosure of the same would reveal the identity of the complainant."
Being dissatisfied, the appellant filed a First Appeal dated 23.01.2020. FAA's order dated 12.02.2020 upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Decision:
It is brought to the attention of both the parties that a series of directions ordered by this bench with respect to records of PIDPI has been challenged by CVC before the Hon'ble Delhi High Court vide the following cases:
1. W.P.(C) 5105/2021 & CM APPL. 15643/2021 - CENTRAL VIGILANCE COMMISSION vs. KRISHAN KUMAR
2. W.P.(C) 5596/2021 & CM APPL. 17444/2021- CENTRAL VIGILANCE COMMISSION vs. MANISHA SINGH
3. W.P.(C) 5600/2021 & CM APPL. 17451/2021- CENTRAL VIGILANCE COMMISSION vs. O. ABDUL HAMEED
4. W.P.(C) 5674/2021 & CM APPL. 17722/2021- CENTRAL VIGILANCE COMMISSION vs. ASHWANI KUMAR Having regard to the pending adjudication of the Court, the instant matter which is premised on PIDPI records is adjourned sine die.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) 5 Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 6