RTI disclosure of sanction files and vigilance notings denied during pending CBI corruption trial to protect investigations under Sections 8(1)(g), (h), (j).

Information sought:

1. The Appellant filed an RTI application dated 03.05.2024 (online) seeking the following information:

“Applicant is accused in criminal case no. PC/8/2022, which is under progress at Special CBI Court, Panchkula. Sanction to prosecute the applicant in court of law was granted by an official in Ministry of Railway in response to CBI/ACB Chandigarh letter no.859/RC0052022A0022 dated 06.09.2022. The letter quoted in RTI application has already been received by applicant in compliance to Special CBI court orders. It may please be noted that investigation in the said case is complete as final charge sheet under Section 173(2) CRPC has been filed by CBI in court of law on 12/9/2022.

In connection with above under RTI Act kindly provide following documents (duly attested by gazzeted officer)

i) Complete copy of file (including noting & correspondence) in which sanction to prosecute applicant under Section 19 of PC Act was processed and granted to CBI.

ii) Copy of correspondence/letter as per which prior sanction was sought by CBI under section 17A of PC Act to investigate role of applicant in FIR no. RC0052022A0022 dated 28/6/2022.

iii) Copy of Sanction granted by Ministry of Railways to CBI under Section 17A of PC Act in response to correspondence/letter mentioned in para (ii) above.”

2. The CPIO furnished a reply to the Appellant on 20.05.2024 stating as under:

“Point (i) and (ii) : Sanction to prosecute applicant under Section 19 of PC Act was processed and granted on the basis of CBI investigation report CBI's documents are classified documents included in Second Schedule to the RTI Act vide Notification No. 1/3/2011-IR dated 09.06.2011 issued by the Ministry of Personnel, Public Grievances and Pension, New Delhi.

Further this is a composite case and the sought information are exempted under section 8(1)(g) and 8(1)(j) of the RTI Act, 2005 as the disclosure of the same may identify the officials who might have opined against the Charged/other Officers as part of performing their legitimate duties and may also disclose the personal information of the co-accused officers as role of all officers involved in the case was examined all together. It is also informed that file notings in vigilance file, by their very nature, are confidential. Such file notings constitute inter-departmental communications concerning vigilance enquiry.

Hence, the Information sought is denied.

Point (iii) : No proposal from CBI for prior sanction under section 17A of PC Act to investigate role of applicant in FIR No. RC0052022A0022 dated 28.06.22 was received in this office.”

3. The Appellant filed a First Appeal dated 21.05.2024. The FAA disposed of first appeal vide order dated 31.05.2024 with the following observations:

“It is a composite case arisen out from the CBI investigation. CBI's investigation report is a confidential documents and discussed role and responsibility of the applicant and other 01 official of Railway also. Further in the vigilance file role and responsibility of the all officials involved were examined altogether. Supply of the same will therefore, disclose the personal information of the other officials also and may identify the officials who might have opined against the Charged/Other Officers as part of performing their legitimate duties. Hence the information sought is denied under section 8(1)(j) and 8(1)(g) of RTI Act, 2005 considering that it may endanger the life and safety of persons involved with the investigation and recommendation process.”

4. Feeling aggrieved and di