Action taken on complaint - CIC: Writ Petitions filed by CVC against certain orders of CIC with respect to disclosures ordered under the RTI Act in PIDPI matters are pending before the Delhi HC - CIC: For the said reason, the appeal is adjourned sine die
The Appellant filed an RTI application dated 01.08.2019 seeking the following information pertaining to his complaint dated 10.08.2018 filed under PIDPIR against Jyoti Trivedi, Director, CVC and Major V S Rana, CVI CSIR:
1. “Present Status of the complaint;
2. Whether any investigation has been conducted on my complaint dated 10.08.2018, if so, copy (ies) of the investigation report(s) may be provided; and
3. Copy of all notings recorded in the file pertaining to the afore-said complaint may be provided.”
The CPIO replied to the appellant on 08.08.2019 stating that information sought cannot be provided as per the PIDPI Resolution dated 21.04.2004.
Being dissatisfied, the appellant filed a First Appeal dated 11.09.2019. FAA’s order dated 24.09.2019 upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through audio conference.
Respondent: Sanjay Kumar Gwalia, Under Secretary & CPIO present through audio conference.
The Appellant narrated the factual background of the complaint referred to in his RTI Application to state as to why he had filed the same against Jyoti Trivedi, Director, CVC and Major V S Rana, CVI CSIR. He further agitated upon the fact that CVC has been causing him immense mental agony by firstly not taking proper action against the CSIR officials and then even denying the information under RTI Act on untenable grounds of protecting identity of the Complainant when the Complainant is himself asking for the information and according the permission to share the information.
The CPIO submitted that the information sought for could not be provided to the Appellant as it relates to a PIPDI complaint, and brought the attention of the bench to the earlier submissions of CVC in similar PIDPI cases to state that the subject matter is pending before the Hon’ble Delhi High Court.
The Commission observes that it has been brought to the attention of the bench in a series of earlier cases that a Writ Petition had been filed by CVC on 13.04.2021 against certain orders of this bench with respect to disclosures ordered under the RTI Act in PIDPI matters. In pursuance of said intimation, at present it has been noted that Writ Petitions No.5596/2021; 5600/2021 & 5105/2021 are pending before the Hon’ble High Court of Delhi.
For the said reason, the instant appeal is adjourned sine die.
Citation: Shesh Kumar Prasad v. Central Vigilance Commission in File No: CIC/CVCOM/A/2019/151554, Date of Interim Decision: 13/08/2021