Dopt Orders on Advice of the UPSC to be communicated to the delinquent Government servant

Central Civil Services (Classification, Control and Appeal) Rules, 1965 – Advice of the UPSC to be communicated to the delinquent Government servant – Amendment – regarding.

The Disciplinary Authority shall forward or cause to be forwarded to UPSC for its advice:

A copy of the report of the Inquiring Authority together with its own tentative reasons for disagreement, if any, with the findings of Inquiring Authority on any article of charge; and

Comments on the representation of the Government servant on the Inquiry report and disagreement note, if any, with all the case records of the inquiry proceedings.

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COPY OF CHARGE-SHEET CANNOT BE DENIED UNDER RTI ACT: CIC

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.

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