Indian Kanoon - Search engine for Indian Law

Central Information Commission

Ganesh Arvind Kumble vs Ministry Of Electronics & Information ... on 15 May, 2026

                                                       CIC/MOEIT/A/2025/101986

                                   के   य सूचना आयोग
                           Central Information Commission
                                बाबा गंगनाथ माग,मु नरका
                            Baba Gangnath Marg, Munirka
                             नई द ल , New Delhi - 110067

     वतीय अपील सं या / Second Appeal No. CIC/MOEIT/A/2025/101986

Ganesh Arwind Kumble                                       ... अपीलकता/Appellant

                                    VERSUS
                                     बनाम
CPIO: Indian Computer
Emergency                                              ... तवाद गण/Respondents
Response Team-(CERT-In)
(M/o. Electronics &
Information Technology-
(MeitY), New Delhi

Relevant dates emerging from the appeal:

RTI :      05.10.2024        FA     : 18.11.2024           SA     : 04.01.2025

CPIO : 04.02.2025            FAO : Not on record           Hearing : 21.04.2026


Date of Decision: 15.05.2026


                                      CORAM:
                                  Hon'ble Commissioner
                                    Shri P R Ramesh
                                      ORDER

1. The Appellant filed an RTI application dated 05.10.2024 seeking information on the following points:

"..Regarding FIR00/2019 Dated 4/9/2019 FIR 86/2019 Dated 29/9/2019 Regarding complaint. No216/2023 dated 17.05.2023...etc...."

CIC/MOEIT/A/2025/101986

2. Having not received any response from the CPIO, the Appellant filed a First Appeal on 18.11.2024 FAA's order, if any, is not available on record.

3. Aggrieved with the non-receipt of the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 04.01.2025.

4. CPIO furnished reply dated 04.02.2025 as under:

"..Please refer to your RTI application dated 05.10.24 & First appeal dated 18.11.2024 received by this office on date 14.01.2025 & 16.01.2025 respectively, along with the RTI fee in form of postal orders.

2. In this connection, it is to inform you that the CERT-In is enlisted as security organisation organisation U/s 24 of RTI Act. 2005 and thus exempt to provide any such information under the Act..."

Facts emerging in Course of Hearing:

Appellant: Present through video-conference (later on).

Respondent: Shri Sanjeev Kumar Arora, Director, Shri Amrdeep Singh, Scientist 'G' and Shri Abhay Kumar Prasad Shri Vinod- participated in the hearing.

5. The Appellant inter alia submitted that the relevant information has not been provided to him till date. He averred that he had filed a complaint in reference to human trafficking but no action taken report has been provided by the CPIO. He stated that the case falls under the category of human rights violation and information sought should be provided to him.

6. The Respondent while defending their case inter alia submitted that Indian Computer Emergency Response Team (ICERT) has been inserted in the Second Schedule of the Right to Information Act 2005 U/s 24 of RTI Act as an intelligence and security organization thus exempted to provide the required information under RTI Act.

CIC/MOEIT/A/2025/101986 A written submission has been received from CPIO and same has been taken on record for perusal. The relevant extract whereof is as under:

"..At the outset, it is brought out that :-

a) Vide Notification No.CG-DL-E-24112023-250242 dated 23rd Nov 2023 of "Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training)", Indian Computer Emergency Response Team (ICERT) has been inserted in the Second Schedule of the Right to Information Act 2005 U/s 24 of RTI Act as an intelligence and security organization thus exempted to provide the required information under RTI Act.

b) In response to the RTI & first appeal received in the office of CERT-In on 21.01.2025, A reply was furnished by CERT-In vide letter No 13(37)/2022-CERT-In dt 04.02.2025 to the applicant, However, the letter (envelop) was returned undelivered from the given address of applicant.

3. In view of above and particularly keeping in view the notification dated 23rd Nov 2023 (Copy enclosed), whereby ICERT is entered in the Second Schedule of RTI Act and thus exempted to provide the required information under RTI Act, it is requested to drop/dismiss the above appeal under RTI Act..."

Decision:

7. At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission along with annexures if any, to the RTI Applicant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.

8. Upon perusal of records of the case and after hearing the submissions of both parties it is evident that the Respondent had sent an appropriate reply in terms of the Page 3 of 5 CIC/MOEIT/A/2025/101986 provision of the RTI Act. Commission observes that the Indian Computer Emergency Response Team (ICERT) is an organisation specified under the Second Schedule of the RTI Act and, accordingly, under Section 24 of the RTI Act, the Indian Computer Emergency Response Team (ICERT) is exempt from the rigours of the RTI Act.

Commission notes that there is no material on record to show that there was any corruption or violation of human rights so as to bring the case of the Appellant within the ambit of the Proviso to Section 24 of the RTI Act.

9. Commission further observes that mere allegation of corruption or possibility of human rights violation is not sufficient to grant access of information as sought by the Appellant, more so in view of the specific bar under Section 24 of the RTI Act. A reference in this regard can be made to the recent decision of division bench of Hon'ble High Court of Delhi in LPA/696/2023 and CM Appl. 52742/2023 dated 11.10.2023 in the case titled as Adarsh Kanojia Vs Union of India, wherein the court held as under :

"...12. Undoubtedly, the IB is an organisation specified under the Second Schedule of the RTI Act and, accordingly, under Section 24 of the RTI Act, the IB is exempt from the rigours of the RTI Act. Certain exceptions have been carved out wherein the information requisitioned is strictly in relation to (i) allegations of corruption; and / or

(ii) allegations of human rights violations. Admittedly, the present case does not satisfy the exception as the underlying RTI Application (as more particularly identified in Paragraph 3 of this Judgement) does not seek information in relation to the category of information as outlined above.

13. Furthermore, unsubstantiated submissions; and bald averments alleging corruption cannot be made the bedrock of a direction from this Court to an organisation specified under the Second Schedule of the RTI Act. Accordingly, we find no infirmity with the Impugned Judgement passed by the Learned Single Judge..."

CIC/MOEIT/A/2025/101986

10. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act. The appeal is disposed of accordingly.

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

Sd/-

(P R Ramesh) (पी. आर. रमेश) Information Commissioner (सूचना आयु त) Authenticated true copy Vivek Agarwal (िववेक अ वाल) Dy. Registrar (उप पंजीयक) 011-26107048 Addresses of the parties:

1 The CPIO Indian Computer Emergency Response Team-(CERT-In) (M/o.

Electronics & Information Technology-(MeitY), Electronics Niketan, 6-C.G.O. Complex, Lodhi Road, New Delhi-110003.

2 Ganesh Arvind Kumble Page 5 of 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

Nil Powered by TCPDF (www.tcpdf.org)