Copy of the vigilance file to be provided

Background

The Applicant sought for the photocopies of complete vigilance file along with its note sheets; photocopy of recommendations sent by Railway Board to CVC for first and second stage advice; photocopy of file along with its note sheets which dealt with the appeal filed in respect of a vigilance case against himself. The PIO denied the details citing exemption under Section 8 (1) (g) of the RTI Act.

View of CIC

The Respondents maintained that the disclosure of the information would attract the exemption under Section 8(1)(g) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; of the RTI Act since it comprises very sensitive and confidential information (such as, names of the witnesses; observations made by various officers on the case; sources of information gathered; evidence etc.), which, if disclosed, may expose the life of those, who had assisted the public authority in taking the final view in the matter, to danger. The Commission called for the vigilance file and after inspecting the same, directed to provide the complete copy of vigilance file to the Appellant after severing the identity of the investigator under section 10(1) Where a request for access to information is rejected on the ground that it is in relation to information which is exempt from disclosure, then, notwithstanding anything contained in this Act, access may be provided to that part of the record which does not contain any information which is exempt from disclosure under this Act and which can reasonably be severed from any part that contains exempt information. of the RTI Act, to the Appellant as the same was held to be exempt from disclosure u/s 8(1)(g) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; of the Act. The commission also held that information related to some other cases (not involving the Appellant) need not be disclosed as the same is personal in nature and is exempt under section 8(1)(j) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Officer or the State Public Information Officer or the appellate authority, as the case may be, is satisfied that the larger public interest justifies the disclosure of such information: Provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied to any person. of the RTI Act.

 Citation: Shri Sunil Joshi Vs Railway Board in file no. CIC/AD/A/2011/002189