Pending Departmental Enquiry does not bar providing Info

from Amitabh Thakur included below]

Friends,

I had sought some information on 09 May 2011 from the PIO of Home Departent, Uttar Pradesh government about the Notesheet and various correspondences related to the reopening of a Departmental Enquiry as SP, Deoria under Rule 10 of the All India Services (Discipline and Appeal) Rules 1969. The Public Information Officer told me through his letter dated 09 June 2011 that this information cannot be provided as it relates to a pending Departmental Enquiry which is barred under section 8(1) (h) of the RTI Act, 2005. Later the First Appellate Authority under RTI also refused to provide the information as being a "personal information not related with any public interest" barred under section 8(1)(j) of the RTI Act.

I filed a complaint before the Chief Information Commissioner of Uttar Pradesh stating that section 8(1) (h) of the RTI Act related with pending criminal investigations and hence information related with Departmental Enquiry can't be barred under this provision. Similarly a Departmental enquiry against a government servant cannot be treated as personal information not because this is a government work.

Sri Ranjeet Singh Pankaj, Chief Information Commissioner, UP gave his order in the Complaint No S1-1696/C/11 on 05 December 2011 where he made it clear that information of a pending Departmental enquiry cannot be withheld. He also said that a Departmental Enquiry is not a personal information covered under section 8(1)(j). Hence he ordered the PIO of Home Department to provide me the information sought. At the same time Sri Pankaj also sought explanation from the PIO about why proceeding under section 20 of the RTI Act shall not be initiated against him for delay in providing information based on irrelevant reasons. 

I specifically quote this decision of the Chief Information Commissioner because it will prove very useful for all those government servants in India who are currently being deprived information related to their Departmental Enquiry on the basis of section 8(1)(h) and 8(1)(j) of the RTI Act. In fact, I have seen that pending departmental enquiry have been treated as investigations even by many Public Information Officers in Central Government departments and there again this decision might act as a good indicator.

Amitabh Thakur
President,
National RTI Forum,
Lucknow
# 94155-34526