Central Information Commission
Dr.G.Sreekumar Menon vs Dg Vigilance, Customs & Central Excise on 27 November, 2008
CENTRAL INFORMATION COMMISSION
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F.No.CIC/AT/A/2008/00918
Dated, the 27th November, 2008.
Appellant : Dr.G.Sreekumar Menon
Respondents : DG Vigilance, Customs & Central Excise
This second-appeal was heard on 26.11.2008 in the presence of both parties.
2. In his written-submission before the Commission, appellant has stated that his RTI-request dated 12.03.2008 was only "for a copy of the report on his representations dated 30/05/2007 and 30/07/2007". According to him, the respondents, rather than take shelter behind the exemption-Section 8(1)(h), ought to have disclosed the requested information commensurate with the Government's commitment to transparency and openness. He has cited the Citizens Charter of the public authority to provide prompt replies to the citizens to their queries.
3. Respondents stated that the representation which the appellant is talking about was in regard to an ongoing departmental enquiry against the appellant consequent upon some vigilance input against him. Appellant will have the opportunity to defend himself in the departmental proceedings. He is attempting to start a parallel proceeding under RTI to derail or to weaken the departmental proceedings going on against him for serious acts of commission and omission. Since departmental enquiry / investigation is admittedly going on, all material related to that enquiry including the appellant's representation must be construed as part of investigative process. Any disclosure at this stage about actions on appellant's representations would impair and impede the departmental proceeding.
4. Commission has noted the concerns of the respondents. Commission has received several petitions from officers of public authorities facing departmental and more particularly vigilance enquiries, for disclosure of information, viz. the entire file-notings in the disciplinary / vigilance investigation. Such action under RTI Act is helping weaken the process started against delinquent officers and thereby derogates from the objectives enshrined in the Preamble to the RTI Act. It had the effect of weakening the inner discipline within the organization.
Page 1 of 25. While it is so, since the appellant's request herein is the decision taken on his representation dated 30.05.2007 and 30.07.2007, it is held that the respondents furnish to him a reply regarding the status of decision. This will be done within three weeks of receipt of this order.
6. Appeal disposed of with these directions.
7. Copy of this decision be sent to the parties.
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