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Asks for prompt action in corruption cases
SIC upholds VO order
3/4/2016 11:50:04 PM
Early Times Report

jammu, Mar 4: The State Information Commission (SIC) has upheld the order of Vigilance Organization wherein it denied to share information about an under investigation corruption case. While upholding the said order SIC asked the Vigilance Organisation to speed up the process of investigation especially in cases of corruption and misappropriation of funds.
Details available with Early Times reveal that one Dalbir Singh Jamwal, a resident Balwal Jammu filed an RTI application before the PIO, Vigilance Organization on 12.08.2015 seeking the following information about a corruption case pending before the Vigilance since 2013. Information seeker sought details about the inquiry officer, his rank and belt number. He wanted to undertake inspection of the files, wanted photocopies of documents etc.
The information was denied by PIO invoking section 8 (i) (g) wherein no information could be given on under investigation issues. Information seeker not satisfied with the response of PIO filed first appeal before the First Appellate Authority (FAA) of Vigilance Organisation on 7.10.2015 which was received in the office of FAA on 9.10.2015. The FAA concurred with the finding of the PIO that as matter was under probe, hence the PIO's order was upheld. The appellant being again aggrieved for having not received any information filed second appeal before the State Information Commission (SIC) on 23.12.2015 stating therein that information was deliberately denied. The appellant further made a grievance that he was not heard and the first appeal was dismissed. The PIO as well as the FAA attended the hearing before State Information Commission (SIC) on 17.2.2016 at Jammu office.
Facts of the appeal are that there was an anonymous complaint against certain Government officials filed by Dalbir Sigh Jamwal (appellant) before Vigilance Director on 27.9.2013. As the allegations were verifiable, Vigilance Organization started necessary action as per the rules. The FAA and the PIO relied on section 8 (i)(g) of the J&K State RTI Act, 2009 which States that no information would be given which would impede the process of investigation or apprehension or prosecution of offenders.
SIC in its order ruled, "Though Commission in principle has upheld the contention of FAA/PIO, the Commission would be constrained to observe that such cases of serious allegations of mis-appropriation of Government funds, misuse of power and fudging the Government records should attract the prompt attention and the investigation should be conducted on day-to-day basis with proper supervision of the senior authorities. The Commission has been informed that during the pendency of this investigation another complaint was filed before the Vigilance Commission. However, it is seen that the reference to the Vigilance Commission was made as early as January, 2015 and it has been forwarded to Vigilance Organization on 5.10.2015 after a gap of nine months. The Commission would expect that such high value cases of investigation should receive prompt attention of the competent authorities so that the relevance of the complaint is not missed out and the necessary timely action is taken to ensure the writ of law. Certain categories of The Commission would expect that an early action may be taken for finalization of the investigation so that the case is processed in the competent court if allegations are proved. Under the RTI Act, section 8 has provided exemption to information but excepting exemption with regard to national sovereignty and security and even other exemptions are subject to time limitations. Even the Vigilance Manual has laid down that expeditious enquiry and disposal of the complaint be done".
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