Mumbai: The Maharashtra Anti-Corruption Bureau (ACB) seems to have no data on its numerous 'discreet and open' enquiries against public servants accused of graft charges.
This is evident from its response to a Right To Information (RTI) query, where it refused to divulge information pertaining to discreet and open enquiries it has conducted in such cases from January 2010 till November 2019.
Interestingly, the ACB has claimed that the data is wide or voluminous and does not fit the definition of 'information' as provided under the Right To Information (RTI) Act, 2005.
The agency was responding to an application filed by activist Kamlakar Shenoy, seeking details of the discreet and open enquires conducted against officials of various government bodies like the BMC, MHADA, SRA etc.
.jpg)
.jpg)
.jpg)
He had also sought information on the number of cases wherein the outcome of such enquiries have been converted into First Information Reports (FIRs).
An open or a discreet enquiry is a preliminary probe, in which the ACB attempts to cross-check the complaint against a public servant. The reports of these enquiries are then forwarded to the concerned department where the public servant works, seeking a sanction.
According to Shenoy's application, he had sought details of the total number of complaints the agency had received against the public servant of a particular government department and forwarded to the concerned government body.
He further sought the specific number of enquiries and FIRs registered and the current status of cases against IPS, IAS officials and also their juniors.
In his plea, Shenoy had also asked for details pertaining to cases where the accused public servants were either convicted by a court of law or acquitted.
However, the anti-graft agency denied giving the information sought, claiming not to haveit did not have it in the format sought by Shenoy. The agency has also said, the information sought by Shenoy could not be provided as it would 'disproportionately divert the resources of the public authority' or would be 'detrimental to the safety or preservation of the record in question'.
The ACB is avoiding making public the data pertaining to its discreet and open enquiries, alleged Shenoy. He said, “The ACB is only helping corrupt officials by not making the data public.”
Speaking on the issue, Shailesh Gandhi, the former central information commissioner (CIC) said, “The ACB cannot deny information just because the data sought is voluminous or wide. If it does not have the information in the format sought, it could have given at least some information.”
Similar was the opinion of advocate Uday Warunjikar, who said that the ACB is trying to evade the issue. “The RTI provisions make it mandatory for any public body to publish its data.
The ACB does put up certain data but that is only in trap cases but it does not specify the discreet and open enquiries. Thus, it is not implementing the law,” he said.
Despite calls and messages, Parambir Singh, the Director-General, ACB, was unavailable for comment.
.jpg)
.jpg)
