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Does Vigilance department comes under RTI ?


ssraghav

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As per Section 24(4) of the RTI act only Security and Intelligence agencies can be takes out of the purview of the RTI Act 2005.

 

Section 24(4) Nothing contained in this Act shall apply to such intelligence and security organisation being organisations established by the State Government, as that Government may, from time to time, by notification in the Official Gazette, specify:

Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section:

Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the State Information Commission and, notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request.

 

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RAVEENA_O
I want to know about the status vigilance department, UP , does it comes under RTI act ?

 

NO. The Vigilance Department is not an exempted public authority. You can seek information from the PIO of the Vigilance Department. Verify whether they have appointed PIO. If not, make a complaint with the Head of the Department as well as the SIC of UP.

 

Please note that information pertaining to ON-GOING investigations are exempted under Section-8(1)(h) - information which would impede the process of investigation or apprehension or prosecution of offenders. However, you can seek all relevant documents pertaining to a concluded investigation or copy of advice given to the Department by Vigilance for taking action against an employee.

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The Vigilance Department in UP was taken out of the RTI ambit by the Mayawati Government, under Sec 24.

 

Please read: http://www.rtiindia.org/forum/61432-up-rti-forum-objects-exclusion-vigilance-dpt-under-rti-act.html

 

You can only seek information related to Corruption and Human Rights issues from that department.

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My motive is to know about corruption charges against an officer, Vigilance dept. has finished its inquiry and case is pending in court since last many years. In such case, can we seek information from the court.Since the investigation is already complete, there should not be any excuse of misuse of the information.Please advise.

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RAVEENA_O

In view of Post#4, you may not get information from Vig Dept of UP. Trial of vig case is in the nature of prosecution of offenders and hence exempted under s.8(1)(h).

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