CIC: Allegation of corruption does not mean mere conjecture rather the allegations ought to be supported by cogent sound evidence which can lead the CIC to form a prima-facie view about corrupt or malpractices by the officials of CBI
19 Apr, 2016Dated 21.01.2016
ORDER
1. Shri Manoj Kumar Taneja filed an application dated 24.07.2013 under the Right to Information Act, 2005 (RTI Act) with the Central Public Information Officer (CPIO), Central Bureau of Investigation, Chandigarh seeking information regarding
(i) the date of receipt of complaint dated 05.10.2009;
(ii) notings, investigation report and action taken report on the complaint dated 05.10.2009;
(iii) date of receipt of letter no. JKW/0910/ 898 dated 16.10.2009; and
(iv) notings and action taken report on the complaint dated 16.10.2009.
2. The appellant filed second appeal before the Commission on 16.06.2014 on the ground that denying the information under Section 24(1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: RTI Act is gross violation of RTI Act. The appellant is requesting the Commission to give direction to the CPIO to provide the information.
Hearing:
3. The appellant Shri Manoj Kumar Taneja attended the hearing through audio conferencing. The respondent was represented by Shri Adarsh Swaroop, Office Superintendent, (CBI) who attended through video conferencing.
4. The appellant submitted that his complaint is not just against the firm M/S J K Wollen & Silk Mills, Amritsar but it also pertains to corruption charges against the CBI officials. He further submitted that the substantive evidence to establish the corruption charges has been sent to the Commission on 19.01.2015 as both the CPIO and FAA have denied him the information on the plea that the CBI is exempted under Section 24 of the RTI Act except in cases of corruption and human rights violations. He further requested that the same should be taken into consideration while taking cognizance of the issue of corruption.
5. The respondent submitted that the CPIO would not be able to attend the hearing due to the annual conference. However, the respondent has filed the written submissions dated 31.12.2015 through which he avers that the CBI has been declared an exempt organization under section 24(1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: r/w second schedule of the RTI Act, 2005. Further, the information sought by the appellant does not pertain to allegations of corruption and human rights violations, therefore provisions of RTI Act are not applicable in this matter and information sought cannot be provided.
Decision:
6. The Commission as per the submissions of the respondent observes that under Section 24(1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section: r/w Second Schedule of the RTI Act, 2005, Central Bureau of Investigation has been declared an exempt organization vide SI No. 23. Hence, the provisions of the RTI Act are not applicable to the CBI except when the information pertains to allegations of corruption and human rights violations. The appellant has alleged corruption by officials of the CBI. The Commission observes that allegation of corruption does not mean mere conjecture rather the allegations ought to be supported by cogent sound evidence which can lead the Commission to form a primafacie view about corrupt or malpractices by the officials of CBI. In view of this, it is necessary to ascertain whether the matter pertains to allegations of corruptions against officers of CBI. The appellant is directed to send copy(ies) of documents in this regard so as to reach the Commission before 10.02.2016. A copy of the same shall also be provided to the respondent.
7. The matter is adjourned till 15.02.2016 at 1:15 pm.
8. Copy of decision be given free of cost to the parties.
(Sudhir Bhargava)
Information Commissioner
Citation: Shri Manoj Kumar Taneja v. Central Bureau of Investigation in Decision No. CIC/RM/A/2014/004044/SB