New File Added: vigilance enquiry-3rd party should be consulted

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vigilance enquiry-3rd party should be consulted

Third party should be consulted before deisclosure of vigilance enquiry and Gujarat High Court RTI Rule 4

Gujarat High Court ruled that report of vigilance inquiry of a third party can not be released without giving the third party a notice and a hearing.

The High Court Of Gujarat vs State Chief Information CommissionerApplicant asked for report of a vigilance inquiry conducted by a district court about its clerk. The PIO of High Court refused to release the records since he did not have the report. Applicant appealed to the AA and finally SIC. The SIC ordered PIO to release the report.The court ruled that the person who was the subject of vigilance inquiry was never made a party to the case, either by PIO, AA or the SIC.


According to rules of the court the third party must be informed of the proceedings and must be given a chance to present how the release might harm the third party.The court observed that the PIO must balance the harm to the third party against the benefit to public, and accordingly decide to release or withhold the report.


(Synopsis provided by our member Satish Gupta)