UNION OF INDIA Vs. BALENDRA KUMAR

JUDGEMENT

(1.) The challenge in this petition is to an order dated 14th September 2009 passed by the Central Information Commission (CIC) allowing the appeal filed by the Respondent and directing the information sought by the Respondent to be provided to him by the Petitioner by 5th October 2009 by using the severance Clause 10(1) of the Right to Information Act, 2005 (RTI Act). The Respondent filed an application with the Ministry of External Affairs (MEA) on 16th September 2008 about the action taken report (ATR) on a complaint made to the Central Vigilance Commission (CVC) on 13th April 2007. Apparently the said complaint was forwarded by the CVC to the Central Vigilance Officer (CVO), MEA. The CVO submitted the ATR to the CVC on 24th July 2007. In this connection, the Respondent requested certified copies of the following documents:

(2.) On 11th November 2008 the Central Public Information Officer (CPIO), MEA wrote to the Respondent declining the information under Section 8(1)(j) of the RTI Act. The first appeal filed by the Respondent was rejected by the Appellate Authority of the MEA on 5th October 2008, concurring with the reasoning of the CPIO. The Respondent then filed a second appeal before the CIC.

(3.) Before the CIC the Respondent explained that the complaint was about certain incidents of alleged misuse of government money in the Embassy of India, Ankara, Turkey in March 2007. The Respondent had come to know that the ATR submitted, the CPIO had held that most of the allegations were baseless and that some procedural error might have occurred but without any financial loss to the Government. The CPIO accordingly opined that the matter should be closed by the CVC. On the basis of the ATR, the CVC decided not to further proceed with the matter. The Respondent urged that it was a right of a citizen to know the action the concerned public authority had taken on the complaint made to it.