DATE WITH RTI
Information about ODI List
 
The appellant filed an application seeking information about the ODI list such as number of officers whose cases have been exonerated and date of review meeting of the ODI status of officers etc. The information was denied from disclosure under Section 8(1)(h) and 8(1)(j) of the RTI Act. The CIC observed that the disclosure of any kind of information would therefore defeat the very purpose of surveillance which is conducted through the established procedure of ODI list.
 
Comments
 
The ‘list of Public Servants of Gazetted status of Doubtful Integrity’ includes the names of those officers only who, after enquiry or during the course of enquiry, have been found to be lacking in integrity, (i) Convicted in a court of law on a charge of lack of integrity or for an offence involving moral turpitude but on whom, in view of exceptional circumstances, a penalty other than dismissal, removal or compulsory retirement is imposed; (ii) Awarded departmentally a major penalty. a) on charges of lack of integrity b) on charges of gross dereliction of duty in protecting the interests of Government although the corrupt motive may not be capable of proof; (iii) Against whom proceedings for a major penalty or a court trial are in progress for alleged acts involving lack of integrity or moral turpitude; and (iv) Who were prosecuted but acquitted on technical grounds, and in whose case on the basis of evidence during the trial there remained a reasonable suspicion against their integrity. In case of S R Senapati v. Directorate General of Income Tax (Vig.) in Second Appeal No.:- CIC/DGITV/A/2017/160016-BJ dated 16.10.2018, the CIC had directed to disclose the information applying severability.
 
Citation: A K Banerjee v. Chief Commissioner, CGST and Central Excise, Vadodara Zone in Second Appeal No. CIC/CCEVD/A/2018/174752, / Date of order: 01.09.2020.
 
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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