Central Information Commission Judgements

Mr.Parvesh Kumar vs Ministry Of Home Affairs on 19 April, 2010

Central Information Commission
Mr.Parvesh Kumar vs Ministry Of Home Affairs on 19 April, 2010
                         Central Information Commission
                  Room No. 5, Club Building, Near Post Office
                   Old J.N.U. Campus, New Delhi - 110067
                              Tel No: 26161997

                                                                      Case No. CIC/SS/A/2009/000178

        Name of Appellant                                         :          Sh. Parvesh Kumar

        Name of Respondent                                        :          Delhi Police, Vigilance

Background

Sh. Parvesh Kumar, the Appellant, had filed an RTI application dated 23.02.2009
seeking a copy of the Vigilance Enquiry Report conducted into his complaint regarding
registration of a false case against him vide FIR no. 142/08 under Section 498-A/304-
B/34 IPC, and FIR no. 382/08 under Section 323/341/506/34 IPC P.S. Mangol Puri. The
CPIO / Dy. Commissioner of Police, Vigilance, vide letter dated 9.03.2009 informed the
Appellant that a copy of the Vigilance Enquiry Report cannot be acceded under Section
8(1)(h)
of the RTI Act, 2005 since both the aforementioned cases are pending for
investigation by the Crime Branch and the same may impede the investigation of the
case. The First Appellate Authority (FAA) / Addl. Commissioner of Police, Vigilance,
before whom the Appellant filed a first appeal upheld the decision of the CPIO. Hence,
the present appeal before the Commission.

2. The matter was heard on 19.04.2010.

3. The Appellant was not present.

4. Sh. Pravinder Singh, ACP/Vig/PIO and Sh. Ashish Kumar, ASI represented
the Respondent Public Authority.

During the hearing the Respondent submits that a copy of the Vigilance Enquiry
Report cannot be provided since it contains the statements of witnesses, the disclosure of
which could impede the investigation of the case. However, he is prepared to provide the
outcome of the Vigilance Enquiry to the Appellant.

After due consideration of the matter, the Commissioner directs the CPIO to
provide the outcome of the Vigilance Enquiry Report to the Appellant free of cost, within
15 days on receipt on this order.

With this order, the matter is disposed of accordingly.

                                                                            (Sushma Singh) 
                                                                         Information Commissioner 
19.04.2010