ORDER

1. The complainant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), O/o. Directorate of Revenue Intelligence, New Delhi seeking following information:-

“Vigilance Records for Corruption (Refer Para 1.5 and Para 1.6 above)

• PIO to allow the Applicant to inspect the Vigilance Records of the DRI w.r.t. the allegations of Corruption, for the last 8 years (at the DRI HQ and DRI – Delhi):-

Inspection of Complaint Registers

-Inspection of Enquiry Registers

- Inspection of Investigation Registers

- Inspection of Chargesheet Registers 

• Inspection is to include Photographing of records and registers - and registers and records are to include e-records

• PIO to provide a copy or an e-copy of the returns and statements submitted to the CVC

• PIO to provide the names of all DRI staff (as employees or deputationists or ex-employees or exdeputationists), who were at any time in the last 9 years, subject of a CVC enquiry Complaint records for Corruption and Human Rights Violations (Refer Para 1.5 and Para 1.6 above)

• PIO to allow the Applicant to inspect the Complaint Records of the DRI w.r.t. the allegations of Corruption and Human Rights Violations, for the last 8 years (at the DRI HQ and DRI – Delhi):

- Inspection of Complaint Registers

- Inspection of Enquiry Registers

- Inspection of Investigation Registers

- Inspection of Chargesheet Registers 

• Inspection is to include Photographing of records and registers - and registers and records are to include e-records Reports to Ministry of Finance

• PIO to provide details of all reports submitted to the Ministry of Finance w.r.t allegations of corruption and human rights violations, in the last 9 years, as under:

o Date of Report

o Reference No. of Report

o Reference No. of Covering Letter sent by the DRI to the Ministry

o Person in the Ministry of Finance to whom the report was addressed

o Person in the Ministry of Finance to whom the letter (w.r.t the said report) was addressed 

o Number of Pages in the said report Assembly and Parliament Questions

• PIO to provide the coordinates of all questions and queries raised in the State Assembly and Parliament w.r.t. corruption and human rights violations by the DRI Staff, in the last 5 years as under o Name of Assembly and Date and Ref. No. of Question Date and Ref. No. of Question in the Parliament Statistical Data - Type of Corruption - Type 1

• Provide details of all DRI staff (as employees or deputationists or ex-employees or ex-deputationists) on whom ANY ALLEGATION OR ENQUIRY OR OTHER Proceedings HAD BEEN INITIATED BY THE DRI or any other agency in the last 10 years as under, on matters of corruption or allegations thereof:

o Name,Date,Year,Rank and Designation at the time of enquiry/allegation etc., Enquiry/Preliminary Enquiry agency, Enquiry/Preliminary Enquiry/Allegation/Complaint or other proceeding no, Location of enquiry , Nature of allegation (Drugs Smuggling/Trafficking, Arms and Munitions Smuggling /Trafficking, Human Trafficking, Contraband, Counterfeit Currency etc.)

• PIO to identify within the above, the cases wherein the DRI staff was charged by any agency, along with the chargesheet number and date and name of agency.”

2. The CPIO responded on 09-07-2019. The complainant filed the first appeal dated 16-07-2019 which was not disposed of by the first appellate authority. Thereafter, he filed a complaint u/Section 18 of the RTI Act before the Commission requesting to take appropriate legal action against the CPIO u/Section 20 of the RTI Act, 2005.

Hearing:

3. The complainant, Mr. Samir Sardana attended the hearing through video conferencing. Mr. Aditya Kumar Mamgain, CPIO/Deputy Director (Admin) participated in the hearing representing the respondent through video conferencing. The written submissions are taken on record.

4. The complainant stated that the exception u/Section 24 of the RTI Act, 2005 is not applicable to the Directorate of Revenue Intelligence in this c