Failure to give details of FAA by the PIO can result into filing of complaint with CIC
The appellant filed an application under the Right to Information (RTI) Act with the Central Bureau of Investigation (CBI) seeking to know about the action taken on the complaint against some official of the West Bengal State Electricity Distribution Company Ltd. The Public Information Officer (PIO) responded that the provisions of the RTI Act no longer apply to the CBI since it had been placed in the Second Schedule of the Act. The PIO did not mention any details of the First Appellate Authority (FAA) in his reply and thus the applicant instead of filing first appeal directly complained to the Central Information Commission (CIC).
View of CIC
The Commission observed that the subject matter of the RTI application was about allegations of corruption against a public servant this request is covered under the proviso to section 24 of the RTI Act. The CIC further held that the PIO should not have summarily denied considering the application on the ground that the CBI had been placed in the Second Schedule rather should have informed the appellant about whatever action the CBI had taken on the matter. The CIC directed the PIO to consider the RTI application within the scope of the proviso to section 24 of the RTI Act and pass an appropriate order.
Citation: Mrs. Taru Lata Choudhary v. Central Bureau of Investigation in File No.CIC/SM/C/2012/000352
RTI Citation : RTIFI/2012/CIC/787
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