O R D E R:

Petitioner is aggrieved by the denial of respondents to furnish the report given by DSP, Vigilance Department, based on his complaint dated 05-05-2021, acknowledged on 10-05-2021, regarding M/s Bollywood Chilles. He therefore, seeks a direction in this regard.

2. Petitioner is stated to have submitted complaint dated 05.05.2021 to the Director General, State Vigilance Department and APSFC officials for the illegal acts committed by APSFC officers namely C. Nagarjuna, General Manger, Mr. Kumar, Branch Manager, Mr. Chaluvaji Jagdishwar Rao, Mr. Soma Swaroopkanth (building owner) and auction purchasers namely G. Sanjay Kuamr, G. Sridhar and G. Veera Pratap Chakravarthy for their illegal acts and criminal offences in respect of M/s Bollywood Chillies established by petitioner along with his wife and other partners in the leased facilities bearing Door No.1-7-1069, RTC X Roads, Chikkadpally, Hyderabad, as per registered lease deeds Nos. 544/2010 to 551/2010. Accordingly, the DSP, Vigilance Department gave report. Petitioner thereafter, filed an Application under the Right to Information Act, 2005 (for short, ‘the Act’), dated 31.05.2021 before the Principal Secretary for Industries and Commerce and the Commissioner of Industries to furnish the report given by DSP, Vigilance Department , but on 13.02.2024, the same was denied in view of Section 8(1)(h) of the Act. The Appeal before the Principal Secretary of the Industries and Commerce Department on 12-03-2024 (posted through registered mail on 14-03-2024), was also rejected on 27-03-2024. Therefore, petitioner approached this Court.

It is stated that in similar circumstances, in Writ Petition No. 33468 of 2022, by order darted 16.10.2022, this Court observed that Section 8(1)(g) of the Act applies only to such information, disclosure of which would endanger the life or physical safety of any person and directed the 4^th respondent therein to furnish the copy sought by petitioner.

In the counter filed on behalf of the 2^nd respondent, it is stated, petitioner requested details of the report prepared by the Vigilance Department and sought information on any action taken against the APSFC officials in connection with these allegations. It is stated, the General Administration (Vigilance &

Enforcement) Department conducted inquiry into the allegations made against APSFC officials. The inquiry focused on irregularities regarding the business operations of M/s Bollywood Chillies Restaurant and purchase of movable property. Subsequently, Vigilance Report bearing No. 53, dated 21.05.2022, was submitted. The report contained specific findings and recommendations related to the alleged misconduct of the implicated parties. Based on the recommendations, the Vice Chairman and Managing Director of Andhra Pradesh State Finance Corporation (Telangana Division) was instructed to take action as per the Corporation's Regulations. These proceedings are currently under examination and ongoing. It is stated, the information requested by petitioner was denied on the ground of confidentiality, through Government Letter dated 13.02.2024, invoking Section 8(1)(h) of the Act, which provision exempts disclosure of information if it could impede the process of ongoing investigation or prosecution of offenders. The same rationale was communicated to petitioner in response to his Application. The Appeal filed thereagainst was also rejected.

According to the 2nd respondent, Vigilance Report No. 53, dated 21.05.2022, contains sensitive and confidential information, disclosing of which would undermine the integrity of the investigation and any subsequent action against the accused officers of the Andhra Pradesh State Finance Corporation. Therefore, respondents assert that refusal to furnish the requested information is valid and in compliance with the provisions of the RTI Act. This respondent informs that departmental proceedings against the accused officers of APSFC (Telangana Division) are underway, as rec