Central Information Commission, New Delhi
File No.CIC/WB/A/2010/000190SM
Right to Information Act2005Under Section (19)
Date of hearing : 1 August 2011
Date of decision : 1 August 2011
Name of the Appellant : Shri Sanaullah Khan
Sana Vatika, Old Azimbad Colony,
Near Shahganj Quabristan, PO Mahendru,
Patna.
Name of the Public Authority : CPIO, Central Vigilance Commission,
Satarkta Bhawan, GPO Complex,
Block A, INA, New Delhi.
The Appellant was not present in spite of notice.
On behalf of the Respondent, the following were present:
(i) Shri Surendra Mohan, Director,
(ii) Shri Dalchand
Chief Information Commissioner : Shri Satyananda Mishra
2. We had fixed this case for hearing today through video conferencing.
The Appellant did not turn up in the Patna studio of the NIC in spite of notice.
The Respondents were present in our chamber. We heard their submissions.
3. The Appellant had sought two items of information relating to some
reference made by the DOPT to the CVC and also about the file notings
CIC/WB/A/2010/00190SM
relating to a disciplinary matter against some employee. The CPIO had
informed him that the CVC had taken no action on the reference of the DOPT
and, as far as the second item of information was concerned, he had denied it
by invoking the provisions of Section 8(1) (h) of the Right to Information (RTI)
Act on the plea that the investigation in the matter was not yet complete. The
Appellate Authority had endorsed the decision of the CPIO.
4. After hearing the submissions of the Respondents and carefully
considering the facts of the case, we find no reason for not disclosing the file
notings as sought by the Appellant. The CVC is not a disciplinary authority on
the matter and whatever file notings might have been recorded by the
Secretary, CVC in this case would contain material in the nature of advice to be
tendered. Therefore, the provisions of Section 8(1) (h) would not apply in this
case.
5. In the light of the above, we now direct the CPIO to provide to the
Appellant within 10 working days of receiving this order the photocopies of the
relevant file notings and other information sought by the Appellant in part B of
his RTI application. In respect of the part A of the RTI application, the CPIO is
directed to inform him about the latest status on the reference made by the
DOPT.
6. The appeal is disposed off accordingly.
7. Copies of this order be given free of cost to the parties.
(Satyananda Mishra)
Chief Information Commissioner
CIC/WB/A/2010/00190SM
Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges prescribed under the Act to the CPIO of this
Commission.
(Vijay Bhalla)
Deputy Registrar
CIC/WB/A/2010/00190SM