Information about disciplinary proceedings by CBI against it’s officers is not information relating to ‘human rights violation’ under first proviso to S. 24(1), RTI Act

Delhi High Court: A Single Judge Bench of the Delhi High Court comprising of Vibhu Bakhru, J., allowed a petition before it, setting aside the impugned order by which, the petitioner’s contention against CBI being within the purview of Section 24 of the Right to Information Act, 2005 and therefore, not obliged to disclose information sought by Respondent 2.

Briefly, the facts leading up to the impugned order was that Respondent 2, who is an officer with the CBI was facing departmental proceedings and the offences alleged against him were grave and sensitive in nature. Respondent 2 filed an application under the RTI Act seeking certain information related to the disciplinary proceedings. The petitioner declined to disclose the information sought stating that the CBI was listed under the Second Schedule to the Act and thus was outside the purview of the Act. Respondent 2 then filed an appeal which was rejected, followed by a second appeal, which was also rejected. An application seeking information under the Act was filed again, which was not entertained based on the same grounds as before. Respondent 2 then preferred appeals, the first of which was rejected, however, the second was allowed. The present petition impugns the order of the aforesaid appeal.

The Court analyzed the impugned order, finding out that the CIC was of the view that the exclusionary clause of Section 24(1) of the Act was not available in respect of information sought by it’s own officials regarding their service matters. Upon analyzing Section 24(1) of the Act and the proviso thereunder that all information pertaining to allegations of corruption and human rights violations do not fall within the exclusionary clause. The Court, however, held the present situation could not, by a long stretch, be considered to be a ‘human rights violation’. CIC held to be in error. Petition allowed.[Central Bureau of Investigation v. Central Information Commission, 2018 SCC OnLine Del 7003, decided on 02.02.2018]

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