HC stays CIC order to reveal ‘confidential’ officer watchlist

Times of India: Ahmedabad: Friday, March 21, 2025.

The Gujarat high court has stayed a central information commissioner's (CIC) order under RTI Act provisions to the Director General of Vigilance, Central Board of Indirect Taxes & Customs (DGOV, CBIC) to divulge the Agreed List a list of officials who are under secretive watch of the vigilance for their ‘suspicious conduct' drawn up by the department. This list is considered "confidential".
After the CIC ordered DGOV to disclose the names of officers included in the Agreed List in the past 10 years, the public information officer (PIO) of DGOV moved the HC against the CIC order.
The PIO contended that the Agreed List is prepared in consultation between officials of the department concerned and the Central Bureau of Investigation (CBI), and it is exempted from the RTI provisions as it is "sensitive information". It was submitted that "the Agreed List is prepared of the officers of gazetted status against whose honesty and integrity there are doubts, suspicion or complaint", but no action is initiated formally. "Moreover, the list also serves the purpose for the vigilance department to give an opinion about an officer if he is considered for any award or for a particular posting," the PIO submitted.
In an order on March 4, Justice Aniruddha Mayee issued notice on the PIO's petition and stayed the disclosure of information till the next hearing on April 11. Justice Mayee stated in the order: "Issue NOTICE returnable on APRIL 11, 2025. In the meantime, there shall be ad-interim stay of the impugned judgment and order dated 16.01.2025 till the next date of hearing."
The litigation followed an RTI query made by superintendent of customs (preventive) at Jamnagar, Rananjay Singh, who wanted to find out whether his name was placed in the Agreed List.
In Oct 2023, Singh's RTI query for disclosure of the Agreed List was rejected by the PIO stating, "The Agreed List is prepared in consultation with the CBI, which is confidential, and any information pertaining to the Agreed List cannot be provided under the provisions of Section 8(1)(h) and Section 24 of the RTI Act 2005."
After exhausting his departmental appeal, the officer approached CIC and contended that he was being harassed by way of denying his due benefits without any inquiry or action pending against him. Vigilance clearance was denied for reward. He believed that his name was included in the Agreed List for 2022-23 by DGOV without any recommendation from the disciplinary authority. Moreover, he was continuously posted in non-sensitive business since July 2019 without conveying any adverse report to him.
On Jan 16, the CIC ordered the list to be supplied to Singh in 14 days and stated that the information is lying with the DGOV CBIC department, which is not exempted under the RTI Act.