CENTRAL INFORMATION COMMISSION
.....
F.No.CIC/AT/A/2008/00861
Dated, the 27th November, 2008.
Appellant : Shri Mani Shankar Ghosh
Respondents : Kolkata Port Trust
This second-appeal came up for hearing on 25.11.2008 when both parties
were present.
2. Respondents made the plea that the CVO ⎯ who is also the custodian of
the Vigilance Enquiry Report, which is the subject matter of this RTI-application
⎯ has declined to part with the report to the Enquiry Officer (who is currently
holding an enquiry for dereliction of duty against the appellant and certain others
in the case) on the ground that the vigilance enquiry report being a confidential
document could not be divulged.
3. Appellant has stated that the CVO has been stubbornly refusing to allow
disclosure of information i.e. the Vigilance Enquiry Report, although the Enquiry
Officer himself has no objection to its disclosure.
4. Appellant was asked to produce evidence to the effect that the Enquiry
Officer had agreed to disclose the Vigilance Enquiry Report should it meet with
the approval of the CVO. Appellant wanted time to produce the necessary
document. Time granted. Three weeks.
5. Additionally, the respondents are directed that affidavits shall be filed by
the CVO as well as the Enquiry Officer on why the requested Vigilance Enquiry
Report should not be allowed to be disclosed and, the position of each of the
above two officers in the matter.
6. These affidavits should be filed before the Commission within three
weeks of this order.
7. Call for further hearing.
8. Copy of this decision be sent to the parties.
( A.N. TIWARI )
INFORMATION COMMISSIONER
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