Central Information Commission
Shri T. K. Sen vs Central Vigilance Commission (Cvc) on 19 August, 2009
CENTRAL INFORMATION COMMISSION
Appeal No.CIC/WB/A/2008/00239 dated 4.1.2008
Right to Information Act 2005 - Section 19
Appellant - Shri T. K. Sen
Respondent - Central Vigilance Commission (CVC)
Decision announced: 19.8.2009
Facts:
By an application of 27.8.07, received in the CVC on 3.9.07, Shri T. K. Sen of Thane (West), Maharashtra, applied to CPIO Shri K. L. Ahuja, Director, CVC seeking the following information:
"(i) Result of investigation of complaint No. 706/05/2.
ii) Name of the Investigation Officer & CVO.
Your kind self is also requested to supply copy of the following documents.
(a) Copy of the investigation report.
(b) Copy of the note sheets of the file on the basis of which decision on the investigation was arrived at, if any."
To this Shri T. K. Sen received a response dated 10.9.07 from Shri K. L. Ahuja, as follows:
"The gist of the complaint dated 22.8.05 made by Shri T. K. Sen was forwarded as a source information to the CVO, Department of Posts, Dak Bhawan, Sansad Marg, New Delhi for investigation and report, vide order No. 005/P&T/121/7070 dated 26.9.2005. On receipt of investigation report, the Commission has advised closure of the allegations made in the complaint except the allegation pertaining to consumption of petrol and other related items like coolant, engine oil and brake oil etc., on which the Commission has advised the Department to investigate the allegation after scrutiny of records for two / three years by constituting a committee. Action taken in this regard is awaited. The requested information, therefore, viz a copy each of the investigation report and the notes recorded in the Commission, is denied under section 8 (1) (h) of the RTI Act."1
Not satisfied, however, Sh. Sen moved an appeal before Shri V. Kannan, Add. Secretary, CVC on 28.9.07 pleading as follows:
'1. To appoint independent authority for investigation on the report submitted by Dir (MV) on fake bills of lubricants.
2. To ascertain loss suffered by the Govt. due to sanction of fake bills and to fix responsibility.
3. To enquire the reason for not taking action on the complaint submitted by Dir (MV) for the damage of his car.
4. To enquire under what circumstances CVO furnished fabricated information to CVC."
Because, as can be seen, the plea in first appeal was for action and not for information, Shri V. K. Gupta, Addl. Secretary has rightly come to the following conclusion, in his letter of 30.10.07 addressed to appellant Shri Sen:
"With regard to your requests at (A), (b) & (c) of the preceding paragraph, it is stated that the RTI Act provides a right to the citizens to seek information available with the public authorities, but does not provide for redressal of their grievances."
Appellant's prayer before us in his second appeal is as follows:
"Under the circumstances and as advised by Addl. Secretary & Appellate Authority CVC I request your kind self to look into the case and direct CVC to supply me full information and copies without further delay.' The appeal was heard by video conference on 19.8.09. The following are present:
Appellant at NIC Studio Thane (Mah.) Shri T. K. Sen Respondent at CIC chambers, New Delhi.
Sh. Ranvir Singh, Director & CPIO, CVC Upon being asked that in light of the fact that in his first appeal he had asked for no information, what information was now sought, Shri Sen submitted that he wished to have a copy of the investigation report and the notes recorded in the Commission which could not be denied u/s 8(1)(h) since he expects that this investigation has now been completed.2
DECISION NOTICE The information given to appellant Shri T. K. Sen was as per the information held at the time of responding to the RTI application. At that time, the matter is admitted by all to have been under investigation and was, therefore, refused. Now, however, if appellant wishes to know the reasons for closure of part of the case, which will be contained in the file noting as well as a copy of the enquiry report, he may apply afresh for this purpose to CPIO Shri Ranvir Singh, Director, CVC. In considering this matter, if an application is received from Shri T. K. Sen, CPIO Shri Ranvir Singh will take into account the ruling of Hon'ble Ravinder Bhat J. of the Delhi High Court in Bhagat Singh vs. Central Information Commission - Writ Petition No. W.P. 3114/2007 while deciding on the information to be provided to appellant Shri T. K. Sen. The present appeal is, however, dismissed.
Announced in the hearing. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner 19.8.2009 Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges, prescribed under the Act, to the CPIO of this Commission.
(Pankaj Shreyaskar) Joint Registrar 19.8.2009 3