Action on vexatious complaints by CVC




Please refer to following content on CVC website. 

FAQ on CVC website  

Q.10 If a person makes motivated or vexatious complaint does the person complained against have some recourse?

A. In case the Commission finds the complaint to be motivated or vexatious, it shall be at liberty to take appropriate steps.  

Excerpts from vigilance manual of CVC

Para 3.3 While normally a public servant is required to address communications through proper official channel, there is no objection in entertaining a direct complaint or communication from him giving information about corruption or other kinds of malpractice. While genuine complainants should be afforded protection against harassment or victimization, serious notice should be taken if a complaint, after verification, is found to be false and malicious. There should be no hesitation in taking severe departmental action or launching criminal prosecution against such complainants.

Para 3.10.4 The Commission can also take action against complainants making motivated/vexatious complaints under this Resolution

1. Whether the commission has ever taken action on vexatious /motivated/false complaints as per above provision?

2. If yes, Please inform number of such persons and the details thereof including name of the person, date of action taken and action taken during from 01.01.20005 to 31.12.2011.

3. If action not taken, the reasons thereof?

4. Is CVC willing to initiate action on vexatious/motivated/false complaint in future? If yes, the mechanism sought to be made for the same and likely date by which action on atleast one such complaint will be taken?

34 Responses to Action on vexatious complaints by CVC

  1. nightwatch - RTI Anonymous Team Member says:

    1.This is an excellent RTI and must be filed. Response will be interesting.
    2. Just to add for information:
    (a) This is valid when the complaint is filed by a civil servant. No action exists for non-govt complainants.
    (b) It appears to have happened due to CVC’s decision to take action on certain anonymous or pseudonymous complaints.( CVC manual Ch III, p29). Here the identity of the person making the complaint is not known and so taking any action for vexatious complaints does not arise.
    (c)Also there exists a provision to identify the complainant in case of pseudonymous complaints but it is rarely done.

    • Anand - RTI Anonymous Team Member says:

      Thanks Nightwatch. This RTi seems very interesting. I think, the application is also pretty well drafted.
      If not, can u suggest whether it needs any changes/editting ?

  2. Helping Hand says:

    I agree with nightwatch.

  3. nightwatch - RTI Anonymous Team Member says:

    1. I will file this RTI; was waiting a response from the complainant.

  4. Anand - RTI Anonymous Team Member says:

    Thanks Nightwatch. Will leave this to you in that case :-)

  5. Prashant Sinha says:

    May j=kindly file

  6. nightwatch - RTI Anonymous Team Member says:

    I will file this RTI tomorrow. Please check for additions/deletions.
    File: RTIAnonyCVC.doc

  7. Prashant Sinha says:

    Please add CVC in the address of CPIO

  8. nightwatch - RTI Anonymous Team Member says:

    1. I have filed the RTI.Speed post No.
    2. Copy of RTI att.
    File: RTIAnonyCVC-1.doc

    • Anand - RTI Anonymous Team Member says:

      Thanks Mr. Nightwatch .. Moving this to Filed RTI Category

      • Param Dhar says:

        The PIO has rejected a simple RTI Application on a lame pretext.
        We will need to file appeal in this case.Please reply as to whether you will be pursuing this matter?


    • Param Dhar says:

      The PIO has rejected a simple RTI Application on a lame pretext.
      We will need to file appeal in this case.Please reply as to whether you will be pursuing this matter?

      • nightwatch - RTI Anonymous Team Member says:

        1. You must be surprised by the reply ,I am not. This is India’s premier watchdog agency.
        Their reply is never to what you have asked for and quote CIC rulings which have no relevance to the case.

        2. Give me a day or two I shall put up the appeal.

        • Prashant Sinha says:

          O.K., We may agree that it may be difficult to search voluminous records. There is no need for that. It will be enough if information is furnished only on the basis of memory .Does any serving officer of CVC remember any such case where action has been initiated against any person for vexatious complaint.
          Alternatively, If CVC office feels that they cannot provide infornation on the basis of memory, Please request the sought information for one year period only any period say from 01.01.2011 to 31.12.2011.

          • Sky Walker says:

            File a first appeal for this..

            Also, write a fresh RTI application.

            1) Copy of last 3 vexatious complaint received by CVC.

            2) Copy of orders / letters or any communication( email, fax, etc…) sent by CVC in response to above 3 vexatious complaints sought in Para 1.

            3) Copy of portions of rules and regulation in CVC that instructs the actions to be taken on vexatious complaints.

            4) Free hard-copy of Citizens Charter of CVC

  9. Prashant Sinha says:

    thanks, I hope the response will be put on this website

    • Anand - RTI Anonymous Team Member says:

      Mr. Sinha
      thats how RTI A work. All information recieved will be uploaded to this website, as u can see in the RTI Leaks and RTI Anonymous Success Stories Category (on the top-right)

  10. nightwatch - RTI Anonymous Team Member says:

    1. I am attaching the appeal. Comments/suggestions please.
    File: RTIAnonyCVCAppeal.doc

  11. Sky Walker says:

    Please check this version of Appeal, I have made some ( actually many ) modifications.

    File: CVC_FIRST_APPEAL.docx

  12. nightwatch - RTI Anonymous Team Member says:

    1. Great effort- copy book in cricketting parlance.
    2. You missed a point. The CPIO is is not contesting that the information sought is in public interest. He is say that information does not exist in the format requested and when read with sec 2(f) of RTIA 2005 is not available. Futher the request is asking him to ‘create’ information which is against RTIA 2005 and not within his resources as per CIC ruling.
    3. What I have contended is that all vexatious cases cannot be dealt by CIC they have to be referred to an administrative authority – which should result in information as per sec 2(i) of RTIA 2005.

  13. Sky Walker says:

    **Sorry I missed those two part, I was starting from the scratch. Please include them**

    CPIO claims are invalid, I have indirectly suggested them in my version of appeal.

    1) PIO CVC should be in possession of all the complaints received in the format that was sought.
    - From diff source I heard that there is a report that has to be generated every month. The report consist of Complainant Name, Date of Complaint, Current Status of Action Taken, and the Officer(s) to whom the Complaint was assigned.

    2) CVC is fully computerized and there is less paper work there. Even the complaints received in hardcopy are entered into the system.
    - Anything that is contained in electronic form do constitue as information


  14. Prashant Sinha says:

    Not clear, there are appeals at two places in this website. I think we do make job of CVC easier keeping in view their problem and seek information about last five vexatious complaint or any five such complaints. That will be enough.
    Nirmal Goel

  15. nightwatch - RTI Anonymous Team Member says:

    1. I have filed the appeal with CVC on 21/2/2012.
    2. Consignment No. ED275743152IN.

  16. Prashant Sinha says:

    May please upload appeal filed on 21.02.2012

  17. Param Dhar says:

    We have received reply for the first appeal.
    The reply can be seen here:

  18. Pat says:

    the above link is not opening, please provide any other source to view the reply to appeal.

  19. admin, RTI Anonymous Team says:

    We have received reply from the PIO also.
    It can be viewed here:

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