Central Information Commission
Mr S K Aggarwal vs Department Of Personnel & Training on 26 February, 2014
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SM/A/2013/000996SS
February 26, 2014
Appellant : Shri S.K. Aggarwal
Respondents : Department of Personnel & Training
(DoPT)
Date of Hearing : 26.02.2014
ORDER
The present appeal, filed by Shri S.K. Aggarwal against Department of Personnel & Training (DoPT), was taken up for hearing on 26.02.2014 when the Respondents were present through Shri M M Maurya, Under Secretary AVDIII. The Appellant was however not present.
2. The Appellant through an RTI application dated 28.12.2012 sought certain information with reference to "Dept. of Telecom Vigilance file no. 924/2009Vig.I & case RC CHG 2009A0014 against Sh. S.K. Aggarwal, the then GM, BSNL, Ludhiana."
CIC/SM/A/2013/000996SS Page 1 of 4 2
3. The CPIO vide his letter dated 24.01.2013 informed the Appellant that the information sought by him cannot be provided under section 8(1)(h) of the RTI Act as disclosure of the information would impede the process of investigation.
4. Aggrieved by the CPIO's reply, the Appellant filed an appeal dated 22.02.2013 before the Appellate Authority which the Appellate Authority disposed of vide order dated 20.03.2013 upholding that the CPIO's decision. He also, in support, cited the decision of the Commission in Smt. Durgesh Kumar v. Income Tax Department.
5. The Appellant then filed the present appeal before the Commission challenging the Respondents' decision. In this appeal, the Appellant has stated that the CPIO has not explained as to how disclosure of information would impede the process of investigation. Moreover, the charge sheet has already been filed in the present matter which implies that investigation is over.
6. During the hearing, the Respondents, while maintaining their stand that information sought by the Appellant attracts exemption under section 8(1)(h) of the RTI Act, inform the Commission that they have conveyed the sanction of prosecution to the ministry concerned in the present matter.
7. Having heard the submissions and perused the records, the Commission is of the view that disclosure of the information in question here may impede the process of prosecution of offender, which according the Respondents is still current in the present matter, in terms of section 8(1)(h) of the RTI Act. Therefore, no disclosure can be authorised at this stage.
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8. Appeal is rejected.
(Sushma Singh) Chief Information Commissioner Authenticated by (D.C. Singh) Deputy Registrar Address to the Parties:
1. Shri S.K. Aggarwal E178, Aastha Kunj Sector 18, Rohini Delhi 1100089
2. Central Public Information Officer (RTI) & Under Secretary (AVD III) Department of Personnel & Training (DoPT) North Block New Delhi
3. Appellate Authority (RTI) & Deputy Secretary (VIII) Department of Personnel & Training (DoPT) CIC/SM/A/2013/000996SS Page 3 of 4 4 North Block New Delhi 4