Appellant sought certain documents in relation to PE filed by CBI in cases of investments in privately placed bonds of TAPI Irrigation Development Corp, WBIFC etc - CIC: appeal dismissed as the CBI is listed in schedule II of exempted organisations u/s 24
1. The appellant was present for the hearing. The respondent was present and represented by Shri S. S Singhal (SP/AC-II/CBI).
2. The present appeal is being heard in relation to the RTI application dated 1.10.2012 wherein the appellant has sought certain documents in relation to PE filed by CBI in cases of investments of crores of rupees in privately placed bonds of TAPI Irrigation Development Corporation, WBIFC etc. The CPIO vide letter dated 17.10.2012 informed the appellant that the information sought raised vide appellant’s application has already been examined with reference to the Order passed by the Hon'ble CIC vide No. CIC/SM/A/2011/002774 dated 18.9.2012. The CPIO further stated that CBI is exempt from purview of RTI Act as per notification dated 9.6.2011. The appellant filed first appeal dated 22.10.2012 which was disposed of vide order dated 19.12.2012 wherein the first appellate authority held as under:
"5. In this context, it is pertinent to mention that Shri Satyanand Mishra, CIC has held in his decision dated 31.7.2012 passed in file no. CIC/SM/A/2011/001808 & 2916 (Prakash Singh Vs CPIO/CBI/ACB) that "The obligation of the CPIO of an exempted organisation to provide information is limited to only that information where any allegation of corruption is made against its own employees and not about general acts of corruption by anyone else....." Thus it is seen that the reference to allegation s of corruption in the proviso to Section 24 of the RTI Act is only to such allegations against the employees of the CBI and not about the cases of corruption being investigated by CBI."
3. The appellant has relied on various decisions of the Commission some of which are of the period when CBI was not exempt organisation as per schedule II.
4. The Commission concurs with the decision of the first appellate authority and finds no reason to interfere with the decision of the CPIO and first appellate authority. The appellant has obtained various information on related subject matter of TAPI in his previous RTI applications, but during that period the CBI was not listed in schedule II of exempted organisations under section 24 of the RTI Act. The appeal is hereby dismissed.
Chief Information Commissioner
Citation: Shri A.N Gupta v. Central Bureau of Investigation in Case No. CIC/SS/A/2013/002397