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14. Undoubtedly the information sought from the Lt Governor, Chief Minister, Dy. Chief Minister, Union Home Minister is such that it should have been disclosed under Section 4(1)(b) of RTI Act, 2005 and as both the political Governments in Union of India and GNCTD have made categorical commitments to fight corruption, it is their duty to inform in general as part of administrative law, and statutory obligation of under Right to Information Act in particular, where the citizen need to complain against corruption. Ambiguity in the process of complaining and about who has power or jurisdiction to investigate complaints against bribery will directly facilitate it and discourage complaints against corruption. The situation on hand is an example; one head constable (HC) demanded bribe of Rs. 20,000, victim could not pay more than Rs 10,000. When due was insisted to be paid, he approached the ACB, which trapped HC and arrested him. In his bail application, HC challenged before Delhi High Court the jurisdictional authority of ACB to investigation charges against police constable who belonged to Union Home Ministry. Delhi High Court held that ACB has power to investigate, but he apex court stayed the operation of the judgment. Whether a courageous citizen should report bribery or wait for final judicial verdict? Does the Government want its citizens to be vibrant fighters of corruption or remain dormant victims of bribery as the jurisdictional issues are pending final decision in three Estates Legislature, Executive and Judiciary? Governments have a duty. If this situation continues, the honest people, investigating police officers, who risk their life and career to catch hold culprits of bribery, will be demoralized and citizens will be CIC/SA/C/2015/000238, 239, 240 [3 Files] Page 8 discouraged from complaining, leaving entire field for corrupt public servants. The Commission hopes and believes that no government would apparently approve such an ambiguous anti corruption regime to prevail and want its citizen to be courageous complainants.
Directions:
16. Recognizing the need of the citizens to know where to complain against the bribery, the Commission directs:
a) the office of Honourable Lt. Governor, GNCTD
b) the office of the Chief Minister GNCTD/the office of the Deputy Chief Minister
c) the office of the Union Minister for Home Affairs, New Delhi to provide the necessary information in the form of FAQs based on the current status of the powers, rules, regulations and procedure regarding Anti Corruption complaints, in response to points raised by the applicant as part of their duty under Section 4(1)(b) of RTI Act, 2005 within two months from the date of receipt of this order.
Judgment of the Supreme Court in A.C. Sharma v. Delhi Administration, (1973) 1 SCC 726. In this case, the accused was a dealing clerk in the Labour Office, Delhi. Upon conviction by the Special Judge, Delhi and subsequent dismissal of his appeal by the High Court, the accused A.C. Sharma preferred an appeal before the Supreme Court. One of the grounds taken by him in his appeal pertained to the legality of the investigation into the offence alleged against him, by the Deputy Superintendant of the Anti Crime Department of the Delhi Administration. The contention was that Delhi Special Police Establishment (DSPE) had the exclusive jurisdiction for investigation of offences of bribery and corruption in the departments of the Central Government. As the appellant was an employee of the CPWD, the offence against him could be investigated only by the DSPE. Since, in his case, the investigation was not done by the DSPE, his trial was vitiated. The submission before the Supreme Court was that the investigation by the ACB, Delhi was without jurisdiction. The issue considered by the Supreme Court was posed in para 6, which reads as follows:
"18. The 1947 Act was enacted, as its long title shows, to make more effective provision for the prevention of bribery and corruption. Indisputably, therefore, the provisions of the Act must receive such construction at the hands of the court as would advance the object and purpose underlying the Act and at any rate not defeat it. If the words of the statute are clear and unambiguous, it is the plainest duty of the court to give effect to the natural meaning of the words used in the provision. The question of construction arises only in the event of an ambiguity or the plain meaning of the words used in the statute would be self defeating. The court is entitled to ascertain the intention of the legislature to remove the ambiguity by construing the provision of the statute as a whole keeping in view what was the mischief when the statute was enacted and to remove which the legislature enacted the statute. This rule of construction is so universally accepted that it need not be supported by precedents. Adopting this rule of construction, whenever a question of construction arises upon ambiguity or where two views are possible of a provision, it would be the duty of the court to adopt that construction which would advance the object underlying the Act, namely, to make effective provision for the prevention of bribery and corruption and at any rate not defeat it."