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DATE WITH RTI

Disclosure of vigilance file after filing of charge sheet 

Information pertaining to sanction of prosecution against the appellant by his department on CVC’s advice, was denied under section 8(1)(h) of the RTI Act. The appellant submitted that a charge sheet has been filed against him in ACB Court, Kota in August 2016, and hence, the denial of information under Section 8(1)(h) will not apply in the case because the investigation has been completed. The PIO agreed to abide by the CIC’s verdict. The denial of information under Section 8(1)(h) in the matter was rejected by the CIC.

Comments

There has been a contradictory view regarding disclosure of documents relating to a vigilance inquiry after the charge sheet has been filed while the enquiry is still pending. Whenever the information is denied u/s 8(1)(h), the PIO must inform how the disclosure of information would impede the process of investigation or apprehension or prosecution of offenders. It is not merely a perception or an assumption, but a burden on the public authority to show in what manner the disclosure of such information would 'impede' the process.

Citation: Manvendra Singh Raghav v. Central Vigilance Commission in File No : CIC/CVCOM/A/2018/164901, Date of Decision: 06/07/2020.

Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is an expert on RTI matters and has co-authored the books RIGHT TO INFORMATION - LAW AND PRACTICE and PIO’s guide to RTI. Apart from her weekly article here, her other articles can be read at the website of RTI Foundation of India at the link: www.rtifoundationofindia.com

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