RTI Judgement Series
RTI Judgement Series: CVC does not follow its own guidelines

The appellant was understandably agitated about the fact that the combination of vigilance and enquiry set-ups in India does not lead to any deterrent action for the wrong doing. This is the 36th in a series of important judgements given by former Central Information Commissioner Shailesh Gandhi that can be used or quoted in an RTI application

The Central Information Commission (CIC) while agreeing with the applicant asked the Public Information Officer (PIO) of vigilance department of the Municipal Corporation of Delhi (MCD) to provide information sought under the Right to Information (RTI) Act. While giving this important judgement, Shailesh Gandhi, former Central Information Commissioner, said this was an important issue and the information given by the PIO clearly shows that instructions of Central Vigilance Commission (CVC) are not even circulated or shown.


“The Commission finds that whereas the CVC has given timelines for enquiries and investigations it is apparent that these timelines are not followed, which is the main contention of the appellant,” the CIC said in its order issued on 31 July 2009.


Delhi resident Kamal Singh sought information about functioning of the vigilance department in MCD. Below are the information he sought and the replies provided by the PIO...


1. How many officials of the MCD have been ordered to be charge-sheeted during the last three years (from 11/01/2006 to 31/11/2008) for minor and major penalties? How many charge-sheets have actually been issued during the above period? 

PIO- Total officials charge-sheeted w.e.f. 1/1/2006 to 30/11/2008 are 1,595. Out of these officials 1,350 officials were charge-sheeted for major penalties while 245 officials were charge-sheeted for minor penalties. In this period 1,472 charge-sheets were issued.


2. How many departmental inquiries were pending and what were the steps taken to ensure early conclusion of departmental inquiries?

PIO-This Para has already been referred to Director of Inquiries vide letter No. PIO(Vig.) /CRIA/HC/1493 /2008/5853 dated 26/12/2008 for providing information directly.


3. Did the vigilance department of the MCD actually consider and process the defence statements/representations received from the charged officers and put up the same to the concerned disciplinary authorities for their consideration for obtaining their specific orders on the same for accepting or rejecting them as required under the relevant rules i.e. DMC Services (Control and Appeal) Regulations, 1959? In how many cases charges during the last three years had been dropped after considering the defence statements? If there is no practice to consider the defence statements received from the charged. What are the reasons thereof?  

PIO-Defence statements/representation of the charged officials along with entire record of the case is placed before the disciplinary authority for consideration and passing appropriate orders. In no case charges were dropped during last three years after considering defence statements. Defence statements/representation are properly considered.


4. What were the steps taken by the vigilance department to avoid delay in taking action on defence statement and processing vigilance cases? Have any instruction been issued in this regard? If yes, kindly supply copies of the instructions. If not, what are the reasons for not issuing necessary instructions to the officers and staff of Vigilance Department?      

PIO-In this regard CVC instructions are being followed (Copy has been provided).


5. Are officers of vigilance department including DOV and CVO conscious and alive to their responsibilities to dispose off the files and papers put up to them expeditiously to set the good examples of efficiency to the lower staff of vigilance department? How many files had been disposed off during the last three years by ADVOs, ADCDOV and COV and what was the time taken in respect of each file. Kindly give the relevant information.       

PIO-Yes, all the files and papers put up before CVO, DOV, ADC & ADOVs were disposed expeditiously taking necessary minimum time.


6. It has been seen that wrong charges have been framed against some officials of the MCD due to carelessness on the part of concerned officials/officers of the vigilance department. In how many such cases of framing wrong and factually incorrect charges, disciplinary action has been taken for dereliction of duty?       

PIO- None.


7. What is the policy with regard to posting of staff and officers to vigilance department? Is there any tenure limit of posting in vigilance department? If yes, what is the maximum period of posting in vigilance department? Are steps taken to ensure that staff and officers do not overstay in vigilance department and develop any personal interest in staying in vigilance department? Give the number of such officers who had been in this department for more than five years.      

PIO-As per CVC instructions posting and transfer in the vigilance department is required to be done with the approval of CVO. Four Officers are continuing in the vigilance department for more than five years.


Mr Singh then filed the first appeal with the First Appellate Authority (FAA) due to unsatisfactory and incomplete information provided by the PIO. The FAA, in his order issued on 2 March 2009, said, “In view of fact arose during the hearing of the case, the PIO of vigilance dept of the MCD is directed to inform the appellant within 15 days as to whether the CVC's instructions in question have been circulated or not. So far information regarding number of files disposed off by various officers of the department and time taken in respect of each file is concerned, the appellant is requested to inspect the relevant registers of various officers within 10 days as the information is bulky in nature which will divert the entire resources of the department, if collected.”


However, the PIO did not comply with the order issued by the FAA. Mr Singh then approached the CIC with his second appeal. During a hearing, Mr Gandhi, the CIC, noted that the appellant has raised a fairly important issue about instructions from the CVC.


The PIO claimed that “...many times files are sent to CVCs for obtaining first stage advise or second advise which takes three to four months hence it is not possible to maintain any timelines.”


When asked by Mr Gandhi about the delay in providing the information, the PIO stated that this was due to the concerned officer having an illness in his family. The PIO was then warned that if the timelines are not observed, then penalties under Section 20(1) will be imposed upon him by the CIC.


The CIC noted that the respondent’s statement only indicates that if CVC which issues these guidelines itself does not follow any time discipline; organizations like vigilance department are also likely to follow the bad example being set.


Mr Gandhi while allowing the appeal directed the PIO to provide the information sought by Mr Kumar.




Decision No. CIC/SG/A/2009/001500/4335


Appeal No. CIC/SG/A/2009/001500



Appellant                                            : Kamal Singh



Respondent                                        : AK Verma

                                                            Public Information Officer

                                                            Municipal Corporation of Delhi

                                                            Vigilance Department,

                                                            16, Rajpur Road, Civil Lines,





4 years ago

RTI ACT-2005

Recover tour costs of friends and relatives from Pratibha Patil, demands activist

Pratibha Patil spent over Rs225 crore on her 14 foreign tours covering 24 countries, most of the time accompanied by her friends and relatives. RTI activist Subhash Agrawal says the cost incurred on her friends and relatives must be recovered from Patil in order to set an example

Pratibha Patil, who had undertaken a number of foreign trips as president, was accompanied by her friends and relatives on several occasions, reveals a Right to information (RTI) reply received by activist Subhash Chandra Agrawal. Following this disclosure, and to set an example, the government must recover all costs of travel, boarding, lodging and other aspects incurred on her friends and relatives, except her spouse, in proportionate to total expensed made on these trips, demands Mr Agrawal.


He said, “The cost should be recovered from her even by stopping her post-retirement pension and other perks and if needed through other recovery proceedings. It will be in fitness of things that she may herself offer to pay these expenses following bitter criticism on the high expenses of about Rs225 crore made on her Presidential trips."


Patil had undertaken 14 foreign trips covering 24 countries during her five-year term that ended on 25 July 2012. Her trips came under media headlines after it was revealed under the RTI Act that this had cost the exchequer over Rs225 crore.


“President Secretariat after directions from the Chief Information Commission (CIC) has now reluctantly provided complete details of large fleet of accompanying persons with the then president of India Pratibha Patil on her numerous trips in India and abroad confirming her taking friends and relations, other than her spouse, on these pleasure trips made in name of official trips. This is a gross misuse of taxpayers’ hard-earned money by none other than head of the nation,” Mr Agrawal alleged.


For example, when Patil visited United Arab Emirates (Abu Dhabi, Dubai and Sharjah) and the Syrian Arab Republic (Damascus and Aleppo) between 21st and 30 November 2010, besides an official delegation and her staff and security personnel, two guests, Dr Gajendra Singh Patil and Randhirsingh Patil accompanied her. While Dr Gajendra Singh Patil is younger brother of the former president, Randhir Singh Patil is her nephew. They both were part the 97-member team that visited UAE and Syria with Patil.


Even for a five-day visit to Mauritius between 24th April and 28 April, Patil was accompanied by a 98 members, including her son, Rajendra Singh Shekhawat, daughter-in-law Manjari Shekhawat, daughter Jyoti Rathore, grandson Prithvi Singh Shekhawat and grand-daughter Vedika Rathore. There were about 24 people from the media who visited Mauritius with the president.


Notwithstanding a huge controversy over expenditure on her foreign travels, Patil, the then president ran up a bill of Rs18.08 crore on her last trip abroad shortly before demitting office, according to official information accessed through RTI.


The chartering of the Air India Boeing 747-400 jumbo for her two-nation trip to South Africa and Seychelles from 29th April 29 to 8 May 2012 alone cost Rs16.38 crore, the airline said in an RTI reply.


In addition, an expenditure of Rs1.46 crore was incurred in Pretoria—the South African capital. Of this, Rs71.82 lakh was spent on local stay, Rs52.33 lakh on transportation and Rs22.12 lakh on miscellaneous expenditure.

In Durban, an expenditure of Rs23.55 lakh was incurred. Of this, hotel stay alone cost nearly Rs18 lakh and transportation was Rs5.27 lakh. The details about the lodging and other expenditures in South Africa were provided by the Indian Missions in Pretoria and Durban under RTI.


Here are the details received by Mr Agrawal about Pratibha Patil's trips as President...






3 years ago

UPA itself is a damn useless
govt. and not only wasted our money by paying the salary to all the IDIOT ministers but also put our INDIA into a shameful nation in international scenario. One of the example is by giving the so-called prestigious President Post to an useless women I dont even want to name her here. Its famous that she always on foreign tour by spending the Exchequer money with her useless relatives and friends. Her travel involves on every three months when she was a president. She brought the RASHTRABHAVATHI BHAWAN to a low low category and asking all the staff to do her only personal jobs. It is shame shame to our country..... We as people nothing to do about this expect writing like this........ GOD ONLY CHANGE OUR COUNTRY...


mani thyagarajan

4 years ago

corrupt-riddled UPA very naturally selected a PRESIDENT - PP who did not give answers to allegations and as usual, no strict followup was done by CBI controlled by UPA!, GOD - WHEN WILL U RID INDIA OF SUCH POLICITIANS AND LEADERS????

raj ksk

4 years ago

In response to Mr.Harish Chandra Kohli i would say that the Presidents of India post India's freedom such as Rajendra Prasad, S.Radhakrishnan B.D.Jatti and Zakir Hussain enhanced the stature of the post of President by their Spotless Reputation in discharging their Constitutional duties. But they are so much from the past that today's generation can only equate with President like A.P.J.Abdul Kalam since he interacts with People of all age groups and has been such a prolific writer of Books and articles. In spite of his being over 75 he still keeps a Punishing schedule and is a Karmayogi in the true sense. I have in no way belittled the contributions of past Presidents but the former President Mrs. Pratibha Patil takes the cake as far as nepotism & corruption to new heights by her courting a dozen or more controversies during her tenure as President


nagesh kini

In Reply to raj ksk 4 years ago

Raj - PP has taken the cake ... to new DEPTHS and not 'heights' as mentioned.

There's a lot of difference between the two.

Harish Chandra Kohli

In Reply to raj ksk 4 years ago

Very true my friend, the present generation will indeed look at Dr. Kalam as a role model but we cannot forget history. In the present times we do recall Nehru, Vallabhai Patel and others, the past Presidents too can be but unfortunately not.

Harish Chandra Kohli

4 years ago

Raj KSK has mentioned Dr. Kalam as a model President while HG Sharma says "no better President than Dr. Kalam"; undoubtedly so. But why are they missing out the stalwarts like Babu Rajendra Prasad, Dr. Sarvapalli Radhakrishnan, Dr. Zakir Hussain and Dr. BD Jatti even though the latter was an Acting President. With due respects, presidents after them have been forced on us by the Congress bosses. For once they used their heads, set aside their imaginary suspicions, maybe dislike too, by proposing Pranab Mukherjee. With due respects to the other's comments, I have great regard for him and have no doubt he will bring prestige to the office.
And please, I am not a congress supporter.

Ubaldo C DSouza

4 years ago

This sheepish-looking woman has validated the adage that silent waters run deep! Her exploit of public funds is comparable to some other raids of the cookie jar and reminds one of rural farmers coming to cities with noticeable entourages of 'gaowalles' (villagers). Not to forget her brazen attempt to appropriate defence land for her retirement villa.


4 years ago

Persons sponsored by Congress Party tend to loot public money. Pranav Mukherji may not be exception. Watch out.

nagesh kini

4 years ago

Mrs. PP was a No-No from the word go.
Criminal cases were pending against close members of family - no one knows what has happened to any. No RTI/PIL can elicit any information?
Her attempt to usurp precious reserved army land for putting up a swank bungalow far in excess of her entitlement was curbed by a RTI query by a concerned ex-service man.
She should be officially called upon to refund to the Rashtrapati Bhavan, all expenditure incurred in each and every member of her close and extended member of her family more particularly her son who takes off on a personal business trip when he was an invited to a dinner as a member of the presidential delegation.
All expenses that are not normal in terms of protocol should be demanded. This should also disallow other non-diplomatic accompanying staff.
When the Pension of others are held up, it must apply to Mrs. Patil in equal measure. No exception.

Dayananda Kamath k

4 years ago

there were also reports that on her trip to south africa her son was missing at the dinner hosted . it subsiquently learnt that he has continued his businessjourney from africa .to some other destination. atleast at that time the president should have the courtesy to refund the expenses incurred on his africa tour.it is nothing but misuse of official position to enrich oneself.can we call it curruption? but non of our politicians even the opposition party is not bothered about such misuse. may be they too want to utilise this benefit. or use it when defending their misuses. .

HG Sharma

4 years ago

Why blame the former President alone,has not our polity as a whole failed us to give a better candidate than Dr. Kalam. Should not we all, as a nation be ashamed to have elected such politicians , who in turn have fought vociferously & manipulated to keep the right man out . The saying that `As you sow,so shall you reap ' must have come after real sufferings. Have we learnt any lessons.We don't & we will not as long we cast our vote on consideration of Political affiliation ,religion ,cast , creed etc. do we ever see the personal credential of a candidate ?.Till we change our selves we will keep getting such faulty elevations ,which will only be technically right but not morally .

raj ksk

4 years ago

It is a national shame that President of our Country has spent Rs.225 crores of tax payer's money on her foreign jaunts which have not bought any change in our relationship with those nations. Should she not be answerable to the nation. On the other hand we have Mr.A P J Abdul Kalam who was the Model President of our country who did not misuse the office of the President and rather bought more Dignity to this office. Why not the social media highlights this and bring the High and Mighty to some level of accountability

Vaibhav Dhoka

4 years ago

President is trend setter and now whole nation will follow.So whole nation will follow ex presidents footstep for corruption.This is because of omnipresent photos of president in all government offices.


4 years ago

an MP's husband in UK was charged for claiming cable tv expense. the claim was made by MP without checking the bill which included her husband ordering porn. MP was dissmissed from the office and the minor fine was asked to be paid back. What Ms.Patil has done is outrageous. Her cunning looks is sufficient to justify this act. This is as much a financial fraud as any other financial fraud. She must be jailed.


nagesh kini

In Reply to S 4 years ago

All criminal cases against members of her extended families should be fast tracked and punished.
The cost of air tickets, hotels stays of other than eligible members of her party incl. not accredited hangers on masquerading as personal has to be recovered from her right away or cases of cheating filed u/s 420 IPC.

Suiketu Shah

In Reply to S 4 years ago

Yes I do recall this happened in 2009 and the Brit media rightly made a hugh issue of this which is the way it shd be.No wodner Britain is a first world country.Nice example stated.

Rajashree Sugars in red; posts net loss of Rs13.05 crore

The Coimbatore-based sugar company and diversified entity disappointed amidst difficult conditions even as government attempts to decontrol the industry

Rajashree Sugars & Chemicals, which is into sugar, distillery, power and biotechnology and based in Coimbatore, has reported a net loss of Rs13.05 crore for the quarter ended in December 2012 which is improved and better than the Rs25.37 crore net loss it had recorded in the corresponding period last year. However, on a quarter-on-quarter basis, it has gone from profit to loss. For the September quarter, it had recorded net profit of Rs13.25 crore.

The story is the same for net sales as it plummeted 14%, to Rs150.86 crore for the quarter ended December 2012. This is weaker when compared to Rs175.92 crore it recorded during the December 2011 quarter.

The government’s tight control over sugar has hurt sugar companies and sugar mills. Despite gradual decontrol, problems continue to persist.

Out of the Rs161.20 crore of gross sales turnover for the quarter ended December 2012, roughly little over 82% came from sugar production alone, while cogeneration and distillery contributed to 7.45% and 9.32% respectively. Both these were down from the same period last year. Only sugar recorded net loss while the other two divisions recorded net profit. The company is into three segments: sugar, cogeneration and distillery.


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