Information about the post of ATO/DCIO was sought from Intelligence Bureau - CIC: The IB has been declared an exempt organization u/s 24 - Commission would like the IB to consider the request of the appellant & provide information to the extent possible

ORDER

1. Shri. Ananda Singh filed an application dated 14.03.2014 under the Right to Information Act, 2005 before the Central Public Information Officer (CPIO), Intelligence Bureau (IB), seeking information on seven points including, the date from which post of ATO was re-designated as DCIO (Tech) and what are the higher posts above to the post of ATO/DCIO (Tech), what are the criteria for promotion from the post of ATO/DCIO(Tech) and other higher posts, what was the sanctioned strength of the ATO/DCIO (Tech) and higher posts above ATO/DCIO (Tech) under Intelligence Bureau or any other offices under its control during the period 01.01.1999 to 14.03.2014 with date thereof, etc.

2. The CPIO vide reply dated 31.03.2014 informed the appellant that the Intelligence Bureau is exempted from the purview of the RTI Act. Not satisfied with the reply of the CPIO, the appellant filed an appeal dated 08.04.2014 before the FAA. The FAA vide order dated 03.05.2014 upheld the reply of the CPIO, As he was not satisfied with the response of the FAA, the appellant filed second appeal dated 28.05.2014 before the Commission on the ground that FAA and CPIO failed to appreciate that non supplying of information is detrimental to the appellant who has served Intelligence Bureau honestly and devotedly with unblemished record for more than 37 years and requested the Commission to direct the CPIO and FAA to provide him the information sought by him.

Hearing:

3. The appellant Shri Ananda Singh and the respondent Shri C. Srinagesh, Section Officer, Intelligence Bureau were present in person.

4. The appellant submitted that no information has been provided to him in response to his RTI application dated 14.03.2014.

5. The respondent submitted that IB 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: read with Second Schedule of the RTI Act, 2005. Further, information sought by the appellant does not pertain to allegations of corruption and human rights violations. Hence, information has not been provided to the appellant.

Decision:

6. The Commission is aware 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: r/w Second Schedule of the RTI Act, 2005, IB has been declared an exempt organization. Hence, the provisions of the RTI Act are not applicable to the IB except when the information pertains to allegations of corruption or human rights violations. However, the High Court of Delhi in W.P. (C) 7453/2011 dated 09.10.2013 (Union of Indian vs Adarsh Sharma) had held that:“ 5. …….if an information of the nature sought by the respondent is easily available with the Intelligence Bureau, the agency would be well advised in assisting a citizen, by providing such an information, despite the fact that it cannot be accessed as a matter of right under the provisions of Right to Information Act……….………………………… It is again made clear that information of this nature cannot be sought as a matter of right and it would be well within the discretion of the Intelligence Bureau whether to supply such information or not……...”

7. In view of the above, the Commission would like the IB to consider the request of the appellant and provide information to the extent possible to the appellant.

8. The appeal is disposed of. Copy of decision be given free of cost to the parties.

(Sudhir Bhargava)

Information Commissioner

Citation: Shri. Ananda Singh v. Intelligence Bureau in Decision No. CIC/VS/A/2014/001695/SB

Readers may also refer to the article at the link - http://www.rtifoundationofindia.com/does-section-24-apply-only-intelligence-security-r#.V1tit_l97IU