DEHRADUN: In a landmark ruling aimed at curbing bureaucratic opacity, the Uttarakhand State Information Commission (USIC) has declared that details regarding corruption cases involving IAS officers can now be accessed by citizens under the Right to Information (RTI) Act.
The commission’s directive marks a significant shift in administrative accountability. It clarifies that once a corruption case is formally registered against a public servant, particularly an IAS officer, or if the state government has granted sanction for prosecution, such information can no longer be shielded from the public.
State Information Commissioner Kushla Nand, who delivered the order while hearing an appeal filed by IFS officer Sanjiv Chaturvedi, emphasised that the decision is designed to foster greater transparency. “Corruption-related matters cannot be kept entirely confidential. If the law has been invoked or investigations sanctioned, the public has a right to know,” the order noted.
However, the commission has prudently balanced transparency with the sanctity of ongoing investigations. The ruling stipulates that if the disclosure of specific details is likely to impede or compromise a pending inquiry, the relevant department may withhold such information.
Regarding the highly debated issue of ‘file notings’, the commission adopted a cautious stance. It ruled that file notings are integral to internal departmental processes and are not mandatory for public disclosure. This ensures that while corruption-related outcomes are transparent, the deliberative internal decision-making process remains protected.
The order also addresses inter-agency cooperation. If requested information pertains to another investigative body, prior permission from that agency is mandatory before disclosure. This provision is intended to prevent the misuse of sensitive information and ensure institutional coordination.
For years, the argument against such disclosures has been that public scrutiny of civil servants could hamper their functional autonomy. However, legal experts suggest this decision signals a departure from that status quo. By allowing public access to information regarding corruption proceedings, the commission has effectively strengthened the role of civic oversight.
Furthermore, the commission clarified that information concerning cases currently sub judice, pending in court, is also accessible under the RTI framework.
This directive is widely viewed as a pivotal moment for administrative reform in Uttarakhand. Reacting to the decision, Aman Kandera, a social activist, said, “By mandating accountability in cases of graft, the commission has not only enhanced the watchdog capability of the common citizen but has also set a precedent for higher standards of integrity within the corridors of power. The move is expected to deter misconduct and ensure that the sanctity of public office is upheld through consistent and transparent oversight.”