Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(CIC) 827

CENTRAL INFORMATION COMMISSION
Vinod Kumar Tiwari, INFORMATION COMMISSIONER
Ajay Kumar Gupta – Appellant
Versus
CPIO, Office of the Addl. DGIT (Vig.), North Zone – Respondent
CIC/DGITV/A/2024/642522|CIC/DGITD/A/2024/643219

Advocates:
For the Appellants/Petitioners: Shri Manas Tripathi
For the Respondents: Shri Pramod Kumar Yadav

In corruption complaint vigilance enquiries, severed closure note-sheet must be disclosed under RTI Section 10 for transparency, despite Section 8(1)(j) exemption for other personal disciplinary details absent public interest.

Headnote:(A) Right to Information Act, 2005 - Sections 8(1)(j), 10 - Vigilance proceedings - Disclosure of closure note-sheet/report in corruption complaint investigation - While details of action taken, notices, responses in disciplinary/vigilance enquiries qualify as personal information exempt under Section 8(1)(j) as they relate to employee-employer matters causing unwarranted privacy invasion absent larger public interest, in corruption complaints transparency warrants providing severed copy of closure note-sheet forming basis of closure, enabling complainant to understand outcome and pursue remedies without prejudicing protected interests. (Paras 10, 11, 12)

(B) RTI Act, 2005 - Section 8(1)(j) proviso - Distinction between parliamentary access and individual RTI requests - Parliamentary privileges for oversight differ from RTI framework balancing transparency with privacy exemptions; personal information in vigilance matters exempt unless public interest overrides, irrespective of proviso. (Para 7)

Facts of the case:
Appellant filed RTI applications seeking diary entries, action details, closure reports, notices, responses, and status of two vigilance complaints alleging corruption against investigation unit in tax evasion case. CPIO denied most information under Section 8(1)(j) stating enquiry concluded, providing only diary numbers and status. FAA upheld denial citing Supreme Court precedents on personal nature of disciplinary proceedings. Second appeals clubbed before Commission.

Findings of Court:
Respondent to provide severed copy of closure note-sheet/report relied on for closing vigilance angle within three weeks under Section 10; other CPIO replies appropriate requiring no intervention.

Issues: Whether details of vigilance enquiry processing, closure report, notices, and responses in corruption complaint are exempt under Section 8(1)(j); scope of disclosure balancing transparency and privacy in complainant-led vigilance matters.

Ratio Decidendi: Vigilance closure records warrant partial disclosure post-severance to ensure fairness and transparency for complainants in corruption allegations, distinguishing from blanket exemption for internal disciplinary details, without curtailing right to judicial recourse.

Result: Appeals partly allowed.

Table of Content
1. rti applications seeking vigilance complaint details (Para 1 , 2 , 4)
2. section 8(1)(j) exempts personal information disclosure (Para 3)
3. similar rti queries for second complaint processing (Para 5 , 7 , 8)
4. limited disclosure of closure notes for transparency (Para 6 , 9 , 10 , 11 , 12)

Information sought:

1. The Appellant filed an RTI application dated 11.07.2024 (online) seeking the following information:

“This pertains to The DDIT (Vig.)-II(I) New Delhi, Office of the Directorate of Income Tax (Vigilance), North Zone and Deputy CVO of CBDT, 2nd Floor, Dyal Singh Public Library Building, 1 Deen Dayal Upadhyaya Marg, New Delhi regarding Complaint against Office of the Investigation Unit-4, New Delhi in the TEP Case of M/s. Delta Factors India Pvt. Ltd. - FCRR- 131/21 being investigated on the complaint of the undersigned applicant. This further pertains to the letters dated 15.06.2024 and 24.06.2024 duly delivered to your office (copy of the cover page of the letters are enclosed for ready reference). The following information is sought as per your records:

1. Details of the Diary Entry No./Inward mail entry details of the enclosed Letters dated 15.06.2024 and 24.06.2024 is sought as per records

2.Please provide details of the Action Taken on the letter dated 15.06.2024 as per records

3. Please provide details of the Action Taken on the letter dated 24.06.2024 as per records

4. Incase the complaint has been closed, copy of the closure report duly SIGNED BY THE Competent Authority with all annexures is sought as per your records.

5. If the complaint has been forwarded to another department/authority/Govt. Office, copy of the forwarding note with the details of the outgoing post no. and date to track the complaint further is sought.

6. Copy of all notices issued in the said Complaint is sought as per records

7. Copy of all Responses received in the said Complaint is sought as per records

8. Details of DATES of all notices issued / Responses received in the said Complaint is sought as per records

9. Please provide present status of the complaint as per records”

2. The CPIO furnished a point-wise reply to the Appellant on 14.08.2024 stating as under:

“1. Diary number 140 dated 0/0 08.07.2024 in the ADG(Vigilance), North Zone, New Delhi.

2. As per provisions of Section 8(1)(j) of the RTI, Act, 2005 there shall be no obligation to give any information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the appellate authority, as the case may be, is satisfied that the larger public interest justifies the individual unless the Central Public Information Officer or the State Public Information Officer or the disclosure of such information:

3. Reply as per point no. (ii) above.

4. Enquiry proceedings have been concluded.

5. Not Applicable

6. Reply as per point no. (ii) above.

7. Reply as per point no. (ii) above.

8. Reply as per point no. (ii) above.

9. Enquiry proceedings have been concluded..”

3. Being dissatisfied, the Appellant filed a First Appeal dated 22.08.2024. The FAA vide its order dated 18.09.2024, held as under:

“The CPIO while deciding the application, addressed point-wise queries raised by the applicant and denied the complete information as pointed hereunder:

Point No 1, 5, 9 of RTI application.

Information is provided to the applicant.

Point No 4 of RTI application.

As per the applicant insufficient information was provided.

Point No 2, 3, 6, 7 & 8 of RTI application.

Information was denied in view of Section 8(1)(j) of the RTI Act.

2. Aggrieved with the decision of the CPIO, the first appeal has been filed with undersigned with a request to provide the complete sought information as per provisions of the Act. Keeping in view of the above, the appeal is decided on merit basis as detailed below.

On perusal of the record and point-wise replies submitted by the CPIO while addressing Point No 4 to the RTI ap

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2026 Supreme(Online)(CIC) 827

CENTRAL INFORMATION COMMISSIONVinod Kumar Tiwari, INFORMATION COMMISSIONERAjay Kumar Gupta – AppellantVersusCPIO, Office of the Addl. DGIT (Vig.), North Zone – RespondentCIC/DGITV/A/2024/642522|CIC/DGITD/A/2024/643219

In corruption complaint vigilance enquiries, severed closure note-sheet must be disclosed under RTI Section 10 for transparency, despite Section 8(1)(j) exemption for other personal disciplinary details absent public interest.

CENTRAL INFORMATION COMMISSION
Vinod Kumar Tiwari, INFORMATION COMMISSIONER
Ajay Kumar Gupta – Appellant
Versus
CPIO, Office of the Addl. DGIT (Vig.), North Zone – Respondent
CIC/DGITV/A/2024/642522|CIC/DGITD/A/2024/643219