Judicial Investigation

[RAMAAMYG45]

Dear RTI family members,

I had filed two requests seeking certain informations and certified copies of certain documents pertaining to a (closed) vigilance case against me. The disciplinary proceedings initiated by the department (Bank), the investigation process by CBI, Consultation with CVC and such other formalities if any, came to an end with awarding dismissal order to me during 1999 and dismissing the appeal during 2000. I have filed a writ petition in the high court disputing the dismissal order and appellate order dismissing the appeal during 2004 and the same is yet to be disposed.

The CPIO of the bank denied the informations sought seeking exemption u/s 8 (1) h. I made an appeal with the AA of the bank with the following grounds among other grounds of appeal

(a). The CPIO can,t seek exemption u/s 8 (1) h as there is no pending "Investigation"
(b). A matter being sub-judice is not a ground to deny the information quoting the CIC's decision dated May 28, 2007 in Appeal No.522/ICPB/2007

The AA of the bank, as usual, upheld the decision of the CPIO and with the following observations for the above grounds. i.e.,

On account of ground (a): The observation of the AA is "Since the matter is under judicial investigation and trial before judicial forum, CPIO cannot provide the information to the appellant as the details would have impede the process of investigation and therefore exmpted for disclosure u/s 8 (1) h of RTI Act".

Now the query is, as per my understanding "investigation" as per RTI Act includes both departmental investigation and criminal investigation by CBI etc.,, whether the Judicial process arising out of writ petition filed by the affected person against the quasi-judicial decisions / proceedings of the public authority can be termed as "Investigation" under RTI Act as quoted by AA.

On account of ground (b): The AA has quoted certain decisions of CIC in Appeal No.CIC/WBA/2008/00212 dated 11.01.2008, Appeal No.2334/ICPB/2008and CIC/WB/A/2007/00002 dated 03.01.2007 for supporting his observation that "issues disputed in legal forum are required to be secured only through respective judicial forum and not by invoking RTI Act"

The query is, just because a writ is filed by the Appellant disputing the quasi-judicial decisions / proceedings, even after awarding the punishment by the public authority, whether the right to information of the affected person as per section 3 of RTI Act ceases and whether there is any section under RTI Act directly or indirectly closer to the view that the public authority need not provide the reasons for its administrative or quasi-judicial decisions to the affected persons if the matter is sub-judice.

In this circumstances I have decided to apply for a second appeal with CIC.

In this regard, I need to furnish a certificate that matters under the proposed appeal have not been filed or are pending with any court or tribunal with any other authority. Please clarify whether the filed writ petition disputing the orders of the public authority and seeking the information related to the same case under RTI Act are different and I can furnish the certificate called for by the CIC.

I request the members of the family to guide me accoringly.

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[karira]

Sponsorer

Your arguments against the PIO and FAA are correct as are your citations.

Just add in the second appeal that the PIO/FAA did not explain or justify in their orders as to how exactly will the process of investigation will be impeded by the disclosure of information.

Under the RTI Act, you have asked for information.
In the writ petition you are disputing the dismissal order.
The two are not related and you can safely go ahead and give that certificate.

[rajub]

GOVINDARAJAN,

Investigations are complete once charge-sheet is filed.

Since, the Bank has dismissed you investigations are already over. Hence the Bank cannot deny the info with them under this reason. Same is the case with CBI, CVC etc.

The CIC decisions quoted by the AA are old ones. The later decisions (a series of them) have held that info cannot be denied merely because the matter is subjudice. The info can be denied only if the concerned court has specifically barred the supply of info. Just search the CIC web site with search key word "subjudice". Refine this search with the word "satyananda" and you will get such decisions delivered by IC Satyananda Mishra who deals with the Bank cases. Most importantly, there is a Delhi HC judgement holding that info cannot be denied only because matter is subjudice. You will get this jdgement on the sister site home - RTI India: The Complete Information and Resourse Regarding Right to Information of India

[RAMAAMYG45]

Thanks both of you for the guidance.. will surely go ahead with your help..

[RAMAAMYG45]

Dear Rajendra Bakre,

Thank you very much. I have searched for delhi high court judgements in rtiindia.info. But I couldn't find it. The reason may be due to not familiar with options of the said web site. As such I am coming to you requesting you to kindly arrange for those judgements at your earliest convenience.