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Central Information Commission

Jamil Khan vs Ministry Of Home Affairs on 31 August, 2019

                                के न्द्रीय सूचना आयोग
                       Central Information Commission
                            बाबा गंगनाथ मागग, मुननरका
                        Baba Gangnath Marg, Munirka
                         नई दिल्ली, New Delhi - 110067



नितीय अपील संख्या / Second Appeal No. CIC/MHOME/A/2018/105111


Jamil Khan                                                ... अपीलकताग/Appellant

                                      VERSUS
                                       बनाम


CPIO, Intelligence Bureau, Bureau                        ...प्रनतवािी /Respondent
of Immigration, New Delhi


Relevant dates emerging from the appeal:
RTI : 22.09.2017           FA       : 10.11.2017          SA      : 15.01.2018

CPIO : Not on Record       FAO : 19.12.2017               Hearing : 26.08.2019


                                    ORDER

1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Bureau of Immigration (BoI), Intelligence Bureau (IB), New Delhi seeking information regarding the foreign visits of one Shri Pradeep Madhuriya (Passport number mentioned in the RTI application) during the period from December, 2016 to January, 2017.

2. The appellant filed a second appeal before the Commission on the ground that the issues raised by him in the RTI application pertained to the allegation of corruption. The appellant therefore prayed before the Commission to allow the appeal and direct the respondent to disclose the information.

Hearing:

3. The appellant Shri Jamil Khan was not present despite notice. Shri U.K. Sinha, Assistant Director and Shri Harminder Singh, Dy. Central Intelligence Officer (DCIO), representing the IB, New Delhi were present in person.

4. The respondent submitted that the RTI application dated 22.09.2017 was replied by the CPIO vide letter dated 10.10.2017 wherein the appellant was informed that a similar RTI application filed by him dated 26.04.2017 was replied vide letter dated 05.06.2017 wherein it was informed that the BoI/ IB is exempted from the purview of the RTI Act, 2005 as per Section 24 (1) r/w the Second Schedule of the Act. The first appeal dated 10.11.2017 was also decided vide order dated 19.12.2017, wherein in addition to the reply furnished by the CPIO it was conveyed to the appellant that he had not made any allegation pertaining to corruption or human rights violation in his RTI application.

Decision:

5. The Commission, after hearing the submissions of the respondent and perusing the records, observes that in this case information has been sought from an organization to which the RTI Act does not apply as per Section 24(1) of the RTI Act. Further, the information sought does not pertain to allegations of corruption and human rights violations but rather pertains to passport related Page 2 of 3 information of a third party. Hence, information cannot be provided to the appellant.

6. With the above observations, the appeal is disposed of.

7. Copy of the decision be provided free of cost to the parties.

Sd/-

Sudhir Bhargava (सुधीर भागगव) Chief Information Commissioner (मुख्य सूचना आयुक्त) दिनांक / Date 27.08.2019 Authenticated true copy (अनभप्रमानित सत्यानपत प्रनत) S. S. Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Addresses of the parties:

1. The First Appellate Authority, Intelligence Bureau, Bureau of Immigration, East Block- VIII, Level- V, Sector-1, Rama Krishna Puram, New Delhi 110066

2. The Central Public Information Officer, Intelligence Bureau, Bureau of Immigration, East Block- VIII, Level- V, Sector-1, Rama Krishna Puram, New Delhi 110066

3. Shri Jamil Khan Page 3 of 3