Saturday, January 5, 2019

Govt employees under scanner for graft can file RTI with DVAC

Siddharth.Prabhakar@timesgroup.com

Chennai:  05.01.2019

The state government employees who are under the scanner of Directorate of Vigilance and Anti-Corruption (DVAC), for alleged corruption or irregularities, can file an RTI application with the agency and get copies of crucial documents.

This was the outcome of a second appeal heard by the Tamil Nadu State Information Commission (TNSIC) and disposed off on December 10, 2018. The order was uploaded on the official website a few days ago.

The appeal pertains to an RTI application filed by V Ramasubbu, a resident of Srivaikuntam in Tuticorin and a PWD employee, with the DVAC.

Stating that the DVAC had sent a proposal to the superintendent engineer (SE), PWD, buildings, of Tuticorin circle, for sanction of prosecution in a criminal case to be filed against him, Ramasubbu asked for a copy of the file concerned.

Before filing cases against government employees, the DVAC has to get a sanction from the head of the department concerned, as per the procedures laid down.

In his application, Ramasubbu said the Madras high court had admitted a petition by him to send for documents from the concerned departments and directed to conduct a fair trial. However, the sanction letter was not given by the DVAC.

In its reply to Ramasubbu’s RTI application, the anti-corruption agency said since the case was pending trial, the information required by the petitioner could not be furnished. A first appeal was filed by Ramasubbu with the DVAC.

To this, the appellate authority and deputy director, DVAC, sent a reply stating that as per the notification in GO Ms No 158, Personnel and Administrative Reforms (N) Department, dated 26-08-2008, the RTI Act, 2005, shall not be applicable to the anticorruption agency.

A dissatisfied Ramasubbu filed the second appeal with the TNSIC which took it up for hearing in December.

During the inquiry, the DVAC brought a copy of the letter of the SE, buildings, who had refused to accord sanction for prosecution in that case. Information commissioner R Dakshinamurthy ordered that the letter be given to the petitioner free of cost within three days and compliance report to the commission be sent.

Jayaram Venkatesan, veteran RTI activist and convenor of Arappor Iyakkam, told TOI that RTI petitions can be filed with the DVAC and they would have to respond as there was a high court judgement to that effect.

The appeal pertains to an RTI application filed by V Ramasubbu, a resident of Srivaikuntam in Tuticorin and a PWD employee, with the DVAC

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