Mere suspicion not enough for obtaining information from schedule II organisations
The appellant sought information on 24 points from the PIO of a Battalion of B.S.F. The PIO provided information on each of the 24 points. Aggrieved with the response, the appellant filed an appeal before the Commission.
View of the CIC
The Central Information Commission noted that the BSF is listed under Schedule II of the RTI Act and therefore, is not amenable to any provision contained in the RTI Act by virtue of Section 24 of the RTI Act. Furthermore, the Commission observed that the information sought does not pertain to any violation of human rights and allegation of corruption, and hence, does not fall under Proviso (I) to Section 24 of the RTI Act. The Commission took the view that requisite information in reply to the RTI application has been provided by the PIO to the Complainant even though the PIO was not bound to do so under the provisions of the RTI Act.
An ‘allegation of corruption’ does not mean mere conjectures, assumptions or surmises. Any allegation ought to be supported by cogent and sound evidence which can lead the Commission to frame a prima facie view about corrupt or malpractices being involved in any given case. If such an element is missing in an appeal, it is liable to be rejected.
Citation: Shri D. Srinivasa Rao v. B.S.F. Mizoram in file no. CIC/SS/C/2011/000781
RTI Citation : RTIFI/2012/CIC/115
Click here to view original RTI order of Court / Information Commission