Should a memo issued on the basis of unjust enquiry be taken back?

Background

The appellant sought information about the complaint made against him, a certified copy of the findings of the Committee made on complaint and copy of statement of witness etc. The PIO denied information stating that the third has denied disclosure of the information. On appeal, the First Appellate Authority upheld the decision of the PIO while directed to provide the report of the facts finding committee.

View of CIC

The Commission noted that the third party had filed a complaint against the appellant holding the appellant responsible for the alleged affair between her husband and the daughter of the appellant who is an adult. The appellant stated that the third party is simply telling lies and that her daughter is totally innocent. It was also observed that on the basis of the complaint filed by the third party, the Public Authority had constituted a Committee to enquire into the alleged affair and that based on the findings had issued a memo to the appellant which has prompted the appellant to seek the information under RTI. The appellant questioned the basis on which she has been issued the memo. The Commission was unable to understand the basis on which the Public Authority had constituted a Committee to look into the matter and has issued a memo to the Appellant since the matter is purely personal in nature involving relatives of the appellant and the third party who have nothing to do with the Public Authority. The Commission observed that the Public Authority is not expected to be holding any information with them about this matter and had no business to conduct an enquiry into the matter and to issue a memo to the appellant based on the enquiry. Therefore, the Commission recommended that the Public Authority return the complaint and other related documents available with them to the third party. It also recommended that the memo issued to the Appellant pursuant to the enquiry that was held be taken back since the holding of the enquiry by the Public Authority about relatives of employees who have nothing to do with the Public Authority cannot be considered as justified under any rule.

Citation: Smt. Anjana v. Netaji Subhash Institute of Technology in CIC/AD/A/2011/001756