COPY OF CHARGE-SHEET CANNOT BE DENIED UNDER RTI ACT: CIC
The
CIC Prof M Sridhar Acharyulu held on 3rd November 2014 that
‘charge-sheet’ has to be disclosed after separating non-disclosable
portions, if any, as per restrictions prescribed under RTI Act. Ms. Usha
Kanth Asiwal sought to know from Director of Vigilance Delhi, details
of complaint made to Anti Corruption Bureau on 25-04-2001 and inquiry
leading to registration of case against 13 persons under Prevention of
Corruption Act, which is now under prosecution in Tis Hazari Courts. She
sought 22 point information, which broadly relate to contents of the
Charge-sheet.
The
PIO denied the information u/s 8(1)(h) of the RTI Act claiming
disclosure would impede investigation or prosecution. The First
Appellate Authority upheld the decision of the PIO. She approached the
Commission in second Appeal. Though demand was not for copy of
charge-sheet, the appellant agreed that a copy of charge-sheet would
answer his application. Then issue before the Commission was whether
charge sheet was public document, and if so could that be shared under
RTI Act with any citizen.
CIC
Prof Sridhar Acharyulu explained: ‘The charge sheet is a report held by
the investigating officer, or public authority or court of law. As per
the RTI Act, any information held by the public authority can be
accessed by the citizen subject to the exceptions provided under Section
8. Because the charge-sheet contains the evidence which need to be
adduced in the court of law, there is a possibility of opening up many
details which could be personal or private or confidential. If the
allegation requires to be proved by call data, the charge sheet refers
to sheets of call data, which surely contain call details unrelated to
allegation. That could be private information need to be protected.
Hence each charge sheet has to be separately examined and only after
separating unnecessary and unrelated details of evidence, and only
required and permissible information out of chargesheet should be
disclosed. Thus Charge-sheet can neither be prohibited enbloc from
disclosure nor disclosed totally. Charge-sheet is a document held by
concerned authority, which has to examine disclosable aspects vis-a-vis
Section 8 and 9 of the RTI Act and then decide the case’.
As
per the Criminal Procedure, the charge-sheet is the end product of
investigation. With filing of charge-sheet, the investigation is closed
and defense that investigation might get impeded does not stand at
all. Whether revealing the information impedes apprehension or
prosecution is the next question. The Respondent authority did not even
raise this point and did nothing to explain the Commission about
possibility of impeding apprehension/prosecution by disclosure. The
Public Authority just mentioned the section number and did nothing else.
The First Appellate Authority also did not apply the mind and chose not
to give any reasons for upholding the denial by PIO. The exemption of
larger public interest provided in Section 8(1) is not available to this
clause (h). Thus it has to be decided on facts whether disclosure of
charge-sheet will really obstruct investigation, apprehension or
prosecution. The judgment of the Delhi High Court in W.P.(C)
No.3114/2007 – Shri Bhagat Singh Vs. Chief Information Commissioner
& Ors on this aspect is of relevance, since it deals with the
applicability of the Section 8(1)(h) of the RTI Act 2005: S Ravinder
Bhat J specifically notes, “As held in the preceding part of the
judgment, without a disclosure as to how the investigation process would
be hampered by sharing the materials collected till the notices were
issued to the assessee, the respondents could not have rejected the
request for granting information. …”
It
can be inferred that there is no specific provision anywhere prohibiting
the disclosure of charge-sheet and if there disclosure does not affect
investigation or prosecution it can be permitted under RTI, unless there
is a public interest against disclosure. The chargesheets containing
charges under Prevention of Corruption Act, especially against public
servants, need to be in public domain, in public interest.
Citing
several decisions the CIC said: There is no specific provision under
any law which state that charge-sheet is a public document, but there
are several judgment of the Supreme court and High court which clarify
that charge sheet is a public document. Queen-Empress v. Arumugan and
Ors ( (1897) ILR 20 Mad 189) has held that any person has an interest in
criminal proceeding has a right to inspect under section 76 of the
Indian Evidence Act. In N David Vijay Kumar v The Pallavan Gram Bank,
Indian Bank in File No. CIC/SG/A/2012/000189 CIC Mr Shailesh Gandhi
ordered disclosure of Charge sheet ruling out the contention of
exemption under Section 8(1)(j).
On
the perusal of the RTI application, the Commission found that the
information sought by the applicant are the part and parcel of the
information contain in the charge-sheet prepared after the completion of
the investigation under section 173 of Cr. P. C. The purpose of the
appellant will be served if the copy of the same would be provided to
the appellant. The respondent authority also agreed to provide the copy
of charge sheet.
Considering
the provisions of Cr.P.C., Evidence Act, RTI Act, erudite judicial
pronouncements, certain transparency practices in CVC, facts and
circumstances of the case and contentions raised, the Commission holds
that the charge sheet is a public document and it shall be disclosed
subject to other restrictions provided under RTI Act. There cannot be a
general hard and fast rule that every charge-sheet could be disclosed or
should not be. Each RTI request for copy of Charge-sheet required to be
examined and only permissible part should be given. The Commission,
hence, directed the respondent to examine the content of charge-sheet
and to provide appellant/… the copy of those portions of charge-sheet,
which would answer the queries raised by appellant in his RTI
application, within 3 weeks from the date of receipt of the order.
RTP CASE-- AN UPDATE
WHEN MARRIED SON IS ELIGIBLE FOR COMPASSIONATE APPOINTMENT, WHY NOT A MARRIED DAUGHTER, ASKS MADRAS HC
Ruling in favour of a complainant,
Justice D Hariparanthaman said there cannot be any discrimination
between a married son and a married daughter.
CHENNAI: Why is it that a married
daughter of a deceased government employee is not eligible for
appointment under compassionate grounds while a married son is eligible,
Madras high court has wondered.
Ruling in favour of a
complainant on Thursday, Justice D Hariparanthaman said: "There cannot
be any discrimination between a married son and a married daughter....
Making discrimination between a son and a daughter on the ground of
marriage is arbitrary and violative of fundamental right to equality."
The matter relates to a writ
petition filed by P R Renuka, stating that her father, an office
assistant working in the animal husbandry department, died while he was
in service in February 1998. He left behind his wife and three married
daughters, besides an unmarried daughter.
Since Renuka was the eldest among them, and also because she had been
deserted by her husband and living with her father at the time of the
latter's death, she sought employment under compassionate grounds. She
also furnished a copy of her divorce decree dated September 9, 1999.
The authorities rejected her plea on September 16, 2002 stating that
she was not entitled for a compassionate appointment because she was
married.
Noting that her divorce came after her father's death, the government
informed the court that only an unmarried daughter and or one who was a
divorcee at the time of her father's death were eligible for
appointment under compassionate grounds.
Rejecting the contention, Justice Hariparanthaman pointed out that
the woman had stated that even before her father's death, she had been
living with her parents. Also, the only reason given by authorities to
reject her claim to appointment was because she was married.
"When she has come with a plea that she was deserted by her husband
and a decree of divorce was granted, and that she was under the care and
control of her father at the time of his death, the government cannot
deny compassionate appointment on the ground that the divorce was
obtained after the death of her father," said Justice Hariparanthaman.
Quashing the rejection order, the judge then directed the authorities
to provide a compassionate ground appointment to Renuka in eight
weeks.
SUBMISSION OF LIFE CERTIFICATE IN THE MONTH OF NOVEMBER, 2014.
CENTRAL GOVT
PENSIONERS/FAMILY PENSIONERS SHOULD SUBMIT LIFE CERTIFICATE TO THEIR RESPECTIVE
BANKS. THE INFORMATION ON THE CURRENT
ADDRESS AND TELEPHONE NUMBER COLLECTED FROM THE LIFE CERTIFICATES IS TO BE
UPDATED ON THE BANKS MASTER DATA WITH THE CPPC.
Government
of India
Ministry
of Finance
Department
of Expenditure
Central
Pension Accounting Office
Trikoot-II,
Bhikaji Coma Place
New
Delhi — 110 066
CPAO/Tech/Life
Certificate/2014-15/670-711 31.10.2014
OFFICE MEMORANDUM
Sub: Submission of Life
Certificate in the month of November, 2014
Attention is invited to this Office OM No.
CPAO/Tech/Pre-2006/Revision/2011-12/191 dated 23rd October, 2012 circulating
therewith a copy of CPAO’s’ advertisement in English released in the leading
national and regional dailies on 21st October, 2012 regarding obtaining of life
certificate in the revised format by the authorized banks from the Central
Civil pensioner/ family pensioner in November every year.
It was also advised
that the information on the current address and telephone number collected from
the Life Certificates is to be updated on the banks master data with the CPPC
and the updated master data is required to be sent to CPAO not later than the
last week of December every year.
Since the pensioners/family pensioners would start approaching
the banks for life certificate from 1st of November, it is reiterated that all
Pension Account Holding Branches must be sensitized to ensure the receipt of
Life Certificate in the revised format (copy enclosed).
The updated master data must reach CPAO not later than the last
week of December, 2014. The modified format of Life Certificate is also
available on CPAO’s website www.cpao.nic.in at the link “Forms-For Pensioners”
appearing on the left pane of Home Page.
(Vijay Singh)
Sr.Accounts Officer (Tech)
LIFE-CERTIFICATE-FORM
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