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MANOJ B. PATEL

On going investigation

Question

MANOJ B. PATEL

R/Moderators, can information of an ongoing investigation be given in special circumstances ? i.e to the victimised person. please also provide judgements if any.

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Prasad GLN

The first thing is an affected party has a right to seek information against him.

The second thing is expressing a mere doubt that information may impede the process of investigation is not proper, PIO must establish and reasons must be convincing.

A normal citizen can not impede investigation process and if PIO says that without stating any reason, he is casting aspersions on his own dept., (Except criminal offenses where alleged may threaten witnesses etc.,)

In one case represented by me before CIC, Chief IC has even not heard the arguments of CVC and decided CVC is not proper in not providing Investigation report in time.

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koteswararaonerella

This information relating to ONGOING INVESTIGATIONS is barred U/S 8(1)(h)You can read CIC decision892/IC(A)/2007 B.S.Manian vS Dept OF POSTS

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Prasad GLN

Circumstances may differ. But the point is the burden of establishing is on PIO whether that providing information to that applicant impeed investigation process. or not if Yes then how, with convincing reason before IC. (Normally such things are being decided only by ICs at Second Appeal inspite of several decisions in the past against such non providing of information with this type of denial without stating detailed reasons. PIOs are aware of this, and always drags these issues to second appeal stage)

 

Apart from all this, TP is an affected party and has a right to be informed.

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koteswararaonerella

Even in departmental enquiries where there is NO APPREHENSION/PROSECUTION are involved the PIO is invoking Sec8(1)9h) and merely stating that CASE IS UNDER INVEASTIGATION etc., to satisfy Sec4(1)(d) making you to for Ist Appeal and then to 2nd Appeal since both PIO/FAA are one and the same being in the same office.

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Prasad GLN

PIO and FAA are always different, and PIO's statutory obligation is well defined, though both stay in the same premises. Further, not providing information to affected party who has a right to know is against principles of natural justice and such denials in writing help the employee, in further challenging the case.

At the cost of repetition 'Case under investigation" is not a reason for denial, PIO should establish that applicant was in a position to impede progress of investigation. In an office, when some employees are witnesses on behalf of management, and as the delinquent employee may bring pressures through Unions or invoke mercy and influence them, PIO generally denies such information.

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koteswararaonerella

I agree that PIO and FAA are definetly DIFFERENT but both are in the SAME OFFICE and they will discus before the reply to RTI application is sent and that is NORMAL PRACITICE.I am having a case on hand where the CPIO " DENIED"information for several querries citing Sec8(1)(h).I am aware this is a departmental case where NO PROSECUTION OR APPREHENSION are involved yet he denied and now I am filing First Appeal and I know this man also will uphold the same and I am forced to go to CIC in 2nd Appeal and here also SIX of my Appeals are pending and I am not getting the Case No. also eventhoug I sent E Mils and now I have to send a REGD.LETTER.

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