Information regarding details of police officials of State Police/ Central Police Organization coming to CBI on deputation was sought claiming that a few officers are getting undue advantage in posting & promotion - CIC: CBI is exempted u/s 24(1)
11 Nov, 2015
ORDER
1. Shri R.K. Saini filed a RTI application under the Right to Information Act, 2005 (RTI Act) on 09.05.2013 with the Sr. SP (HQ) CBI, Delhi seeking information regarding details of police officials of State Police/ Central Police Organization (CPOs) coming to CBI on deputation.
2. CPIO vide letter dated 13.05.2013 informed the appellant that Government of India vide Notification No. F.1/3/2011IR dated 09.06.2011 has exempted the CBI from the RTI Act, 2005 and hence no information was given. Aggrieved by the reply of the CPIO, appellant filed first appeal dated 31.05.2013 to the FAA. Since the FAA dismissed his appeal stating that the information sought cannot be provided under the RTI Act, 2005 since the CBI has been exempted from the purview of the RTI Act, 2005, appellant filed the present appeal dated 11 .09.2013 before the Commission.
Hearing:
3. Shri Sushil Raja and Shri Jagbir Singh, representing the complainant and respondent Shri Pankaj Singh, CPIO and SP, CBI Head Quarter, Delhi and Shri D.K Rai, Asst SP, CBI Head Quarter Delhi were present in person during the hearing.
4. Shri Sushil Raja and Shri Jagbir Singh, representing the complainant submitted additional document a copy of which was also served on the respondent.
5. The complainant submitted that the FAA has rejected an appeal filed by the complainant against the order of the CPIO on the ground that CBI is exempted 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: of the RTI Act. The complainant further submitted that due to corrupt practices/irregularities in matter of posting and promotions a few officers are getting undue advantage in posting and promotion.
6. The respondent submitted that CBI is exempted 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: . The further submitted that the CBI recruit/depute/promote officers as per the recruitment rules approved by the Government of India and is strictly following the recruitment rules. These recruitment rules are also available on the website of the department.
Decision:
7. CBI has been placed at serial No. 23 of the Second Schedule of Section 24 of the RTI Act, 2005. As such, CBI is exempted under the RTI Act and hence is not bound to furnish information.
8. The appeal is disposed of. Copy of decision be given free of cost to the parties.
(Sudhir Bhargava)
Information Commissioner
Citation: Shri R.K. Saini v. C.B.I. in Decision No.CIC/SM/A/2013/001331/SB/