Central Information Commission
Anand Singh Chauhan vs Central Vigilance Commission on 13 February, 2025
के ीय सूचना आयोग
Central Information Commission
बाबा गं गनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
िशकायत सं ा / Complaint No. CIC/CVCOM/C/2023/616841
Anand Singh Chauhan ...िशकायतकता/Complainant
VERSUS
बनाम
CPIO: Central Vigilance
Commission, New Delhi ... ितवादीगण /Respondent
Relevant dates emerging from the complaint:
RTI : 05.02.2023 FA : 02.03.2023 Complaint : 01.04.2023
CPIO : 28.02.2023 FAO : 27.03.2023 Hearing : 04.02.2025
Date of Decision: 12.02.2025
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Complainant filed an RTI application dated 05.02.2023 seeking information on the following points:
"Please refer to complaint ID No 155 of 2022 dated 06 November 2022 and disposed of with the following remarks.
Your complaint 155 of 2022 has been duly examined. Since confirmation from the complainant is not received, the same has been filed by the CVO, MILITARY ENGINEER SERVICES in terms of the Commissions Complaint Handling Policy. Kindly provide the following information because of organized corruption established by CVO MES and BRO under Military Engineer Services.Page 1 of 4
1. Kindly intimate the details of complaints received by the Name of Anand Singh Chauhan and disposal submitted by CVO Defense or CVO MES and BRO to till date.
2. Kindly provide a copy of the confirmation letter asked from the complainant as mentioned in the disposal of complaint ID No 155 of 2022 dated 06 November 2022."
2. The CPIO replied vide letter dated 28.02.2023 and the same is reproduced as under:
1. "Complaint No. 155/2022 has been received in the Commission on dated 06.11.2022. It was sent for necessary action to CVO MES on 16.11.2022.
2. Information is not available with us. your RTI application is being transferred to CVO, Military Engineer Services and BRO u/s 6(3) of RTI Act, 2005 for appropriate action."
3. Dissatisfied with the response received from the CPIO, the Complainant filed a First Appeal dated 02.03.2023 stating as under:
"....CPIO of your functioning is not performing and Honor the Act passed by parliament and tactfully refused the information with the help of section 6(3) of RTI Act 2005. 5. Mahoday the section of RTI Act clearly directed to public authority to transfer the RTI request with 05 days of receipt request but observed that CPIO takes the time more than, which is dishonoring the Act passed by Parliament.
6. ....I was waiting for a reply since 16 Feb 2023 but was disappointed on 28 Feb 2023 when CPIO disposed of the request with a Denial letter No CVCOM/R/E/23/00079-539815 dated 21 Feb 2023.
7....how is it possible that information is not available with CVC against the disposal of complaint No 155/2022 dated 06 November 2022. The complaints which directly proceed to CVC/CVO (MES & BRO).Page 2 of 4
8. ....with functioning & downgrading the vigilance setup the officers are much more unaccountable and do not have fears of vigilance agency in Military Engineer Services. The officers who are working in various formations are very corrupt and unaccountable who had a tendency to Establish the Corrupt Mechanical practice under the Establishment."
The FAA vide order dated 27.03.2023 upheld the reply given by the CPIO.
4. Aggrieved with the FAA's order, the Complainant approached the Commission with the instant Complaint dated 01.04.2023.
5. The Complainant was present during the hearing through video conference and on behalf of the Respondent, Dhananjay Kumar Ranjan, Director & CPIO attended the hearing in person.
6. The Complainant argued in general terms at the outset that CVC deals with RTI Applications in the manner in which it deals with vigilance complaints i.e. by forwarding the RTI Application(s) and complaint(s) whilst continuing to argue on these lines, the Complainant was asked to restrict his argument to the case under reference. At this point, the argument was restricted to the question of transfer of the RTI Application and the delay caused in transferring the same.
7. The Respondent submitted that the information sought for at point no.2 of the RTI Application pertained to the MES and hence the RTI Application was transferred to the concerned public authority as per Section 6(3) of the RTI Act on 21.02.2023.
8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that the Complainant is not agitating upon his right to information per se as evinced from the grounds of complaint which primarily harps on issues of governance and executive powers of the CVC in dealing with vigilance complaints. The Complainant is feebly agitating the delay in transfer of the RTI Application by CVC to MES; while also challenging the rationale behind the transfer and insists that CVC ought to have the desired information.
Page 3 of 4Now, since the only tenable cause of action pertinent in the matter is the delay caused by the Respondent in transferring the RTI Application under Section 6(3) of the RTI Act, i.e. in not having effected the transfer within 5 days of the receipt of the RTI Application, the Respondent CPIO is now directed to send a proper written explanation to this effect to the Commission. The said written explanation of the CPIO shall reach the Commission within 15 days of receipt of this order.
9. The Complaint is disposed of accordingly.
Copy of the decision be provided free of cost to the parties.
Sd/-
(Anandi Ramalingam) (आनंदी रामिलंगम) Information Commissioner (सूचना आयु ) िदनांक/Date: 12.02.2025 Authenticated true copy Bijendra Kumar (िबज कुमार) Dy. Registrar (उप पंजीयक) 011-26180514 Addresses of the parties:
1. The CPIO Central Vigilance Commission, CPIO, RTI (Branch), Satarkata Bhawan, Block-A, C.G.O. Complex, I. N. A. New Delhi-110023
2. Anand Singh Chauhan Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org) Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org) Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org) Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org) Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
Nil Powered by TCPDF (www.tcpdf.org)