Information that impedes an ongoing investigation is exempt from disclosure under the RTI Act, and guidelines sought by the appellant were deemed confidential.

1. The Appellant filed an RTI application dated 06.12.2022 seeking information on the following points:

(i) Please furnish the certified copy of laid-down/extant guidelines, as were in vogue in 2020, to be followed by CBI, on receipt of complaint from public.

(ii) Please furnish the certified copy of Correspondences exchanged, including File Noting on complaint dated 10.02.2020 (lodged by Applicant to this Application), addressed to Director, Central Bureau of Investigation (CBI), Banking Security & Fraud (BS & F) Zone, Plot No. 5-B, 6th floor, CGO Complex, Lodhi Road, New Delhi-110003, sent via speed post number EU149806452IN dated 10.02.202. and delivered on 12.02.2020, highlighted the instances of blatant violations of Bank’s guidelines in borrowal account attracting Vigilance angle, coupled with Willful inordinate delay made by concerned authorities of bank of Baroda in examination of Staff Accountability and so much so declaring the account as Fraud to shield and protect a few select officials of Bank from Disciplinary Action for their safe retirement from Bank’s Services.

(iii) Please furnish the Certified copy of statements/submission, recorded during the course of investigation of FIR No. RC0062022A0005 lodged on 03.02.2022 and charge-sheets etc. filed in this regard.

2. The CPIO replied vide letter dated 14.12.2022 and the same is reproduced as under:- “The information sought by you cannot be provided and exemption is claimed under section 8(1)(h) of RTI act, 2005. As it would impeded the process of investigation.”

3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 18.12.2022 alleging that the information provided was incomplete, false and misleading. The FAA vide order dated 13.01.2023 upheld the reply given by the CPIO.

4. Aggrieved with the FAA’s order, the Appellant approached the Commission with the instant Second Appeal dated 20.03.2023.

5. The appellant and on behalf of the respondent Ms. Shiwani Tiwari, Superintendent of Police, attended the hearing through video conference.

6. The appellant inter alia submitted that the reply furnished by the CPIO was not in accordance with the information sought in the RTI application. He requested the Commission to direct the respondent to provide the information, as sought.

7. The respondent while defending their case inter alia submitted that a response to the RTI application in accordance with the provisions of the RTI Act, 2005, had already been furnished to the appellant vide their letter dated 14.12.2022. The respondent further submitted that CBI is exempted under section 24 of the RTI Act, 2005, in respect to the guidelines sought on point no. 1 of the RTI application, The respondent also stated that the guidelines and policy sought by the appellant is restrictive in nature as the department handle different types of complaint by following the aforesaid guidelines. The respondent informed that the matter was under investigation when the RTI application was filed, hence, the then CPIO took exemption under section 8 (1) (h) of the RTI Act. When enquired by the Commission regarding present status of the complaint, the respondent submitted that the investigation of the matter had been completed and original chargesheet had been filed before the hon’ble court in 2023, now the appellant may approach the hon’ble court to get the information directly.

8. The Commission after adverting to the facts and circumstances of the case, hearing both parties and perusal of records, observes that the RTI application was replied the CPIO vide letter dated 14.12.2022. During the hearing, the respondent submitted that the investigation of the matter has been completed and original charge sheet has been filed before the hon’ble court in 2023. The Commission notes that the guidelines and policy sought by the appellant is restrictive and confidential in nature and used by the department to handle different types of complaints. That being so, the Com