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| + | ====== CIC on Whistleblower Identity Protection 2019 ====== | ||
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| + | <WRAP center round info 95%> | ||
| + | **Quick Reply:** CIC 2019: informant identity inside a vigilance complaint is protected under §8 1 g. Disclosure can endanger life and safety. Citizen guide with operative paragraph. | ||
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| + | **The CIC held in 2019 that the identity of an informant named in a vigilance or anti-corruption complaint is exempt from RTI disclosure under §8(1)(g) — because identifying a complainant could " | ||
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| + | This ruling protects every citizen who reports corruption, and it also tells you when §8(1)(g) legitimately applies — and when a PIO wrongly stretches it. | ||
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| + | ===== Facts ===== | ||
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| + | A public-sector employee filed an RTI application to the Central Vigilance Commission (CVC) seeking the name of the person who had filed a vigilance complaint against him. The CPIO refused under §8(1)(g). The applicant appealed to the CIC, arguing that he had a right to know his accuser. | ||
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| + | The CIC had to balance the accused' | ||
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| + | ===== What the CIC held ===== | ||
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| + | The CIC upheld the CPIO's refusal, holding: (1) §8(1)(g) exempts information whose disclosure "would endanger the life or physical safety of any person" | ||
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| + | ===== Operative paragraph ===== | ||
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| + | > — CIC order in CVC whistleblower identity matter, 2019 | ||
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| + | ===== How this helps your appeal ===== | ||
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| + | * If you filed a complaint against a corrupt official and the accused is trying to use RTI to identify you, §8(1)(g) protects your identity while the investigation is active. | ||
| + | * If you are the RTI applicant seeking information about your accuser, understand that §8(1)(g) genuinely applies — but demand access to the allegations (not the identity) for natural-justice purposes. | ||
| + | * The protection under §8(1)(g) is not permanent: once investigation is complete and prosecution is launched, a court can compel disclosure. The RTI channel alone cannot override court-directed disclosure. | ||
| + | * PIOs sometimes over-invoke §8(1)(g) for mundane information (e.g., a senior officer' | ||
| + | * Use this case to protect informants in Ministry complaints, CBI/ED matters, and departmental inquiries. | ||
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| + | ===== Related sections of the RTI Act ===== | ||
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| + | * [[https:// | ||
| + | * [[https:// | ||
| + | * [[https:// | ||
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| + | ===== FAQ ===== | ||
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| + | ==== Does §8(1)(g) protect identity in all complaints — not just CVC? ==== | ||
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| + | Yes. The principle applies to complaints filed with CBI, departmental vigilance, Anti-Corruption Bureau, Lokpal/ | ||
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| + | ==== Can I get the substance of the allegations against me? ==== | ||
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| + | Yes. Natural justice requires that an accused know the allegations. Courts and the CIC have held that the accused may access the gist of the complaint; only the complainant' | ||
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| + | ==== What if the investigation is closed? ==== | ||
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| + | Once investigation is complete and no prosecution is pending, the urgency of protection diminishes. You may re-file the RTI at that stage. The PIO must give a fresh reasoned order — they cannot indefinitely cite §8(1)(g) for closed cases. | ||
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| + | ==== Is the Whistleblowers Protection Act, 2014 separate from RTI? ==== | ||
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| + | Yes. The Whistleblowers Protection Act provides a separate identity-protection mechanism for public-interest disclosures. RTI's §8(1)(g) and the 2014 Act operate concurrently — you can invoke both in an appeal. | ||
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| + | **Verified source:** CIC order on CVC complaint identity matter (2019) · See also [[https:// | ||
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