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kggeorge   16 October 2015

Denial of information u/s 8(1)(e) of ria

While conductiong a case, an instance of tampering of 313 statement was noiced. Complained to Vigilance cell HCK, producing certified copies of orginal as well as tampered, 313 staments. Investigation conducted by Registrar(Vigilance). On application under RIA, the PIO informed that on the basis of report of Reg(Vigilace),  two High court Judges in charge of  two Districts have ordered to warn the Magistrate and accordingly a memo was issued to the Magistrate. Applied for copy of the Report and orders passed by the Judges. PIO refused to provide the information under the shelter of S.8(1)(e) of RIA  stating that the PIO was not obliged to provide the information as the PIO held these document in fiduciary relationship and offered to provide the memo issued to the Magistrate. The copy of memo was never sought for.  Appealed to Reg(Gen) HCK, who is the First Appellate authority. The Reg(Gen) upheld the refusal by the PIO and further held that these documents are confidential in nature. Is this refusal relying on S.8(1)(e) proper and lawful.?  Can the Report of an officer who conducted the investigation into allegations of corruption and the orders of the Judges on the basis of the Report be be covered under S8(1)(e) of RIA ?   Can the said Report and orders of the Judges ever be  called as confidential, especially when the Investigation, Report and Orders are in relation to corruption ?  Can investigation into allegations of corruption against an officer  by a superior officer  of the same department be impartial and in public interest ?.  

 

    



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