Central Information Commission
Mr. Vinod Kharbanda vs Intelligence Bureau on 14 March, 2012
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi-110066
Web: www.cic.gov.in Tel No: 26167931
No.CIC/WB/A/2010/000429/SS Dated: 14.03.2012
Appellant : Shri Vinod Kharbanda
Respondent : Intelligence Bureau,
Ministry of Home Affairs ORDER The present second appeal emanates from the RTIapplication dated 10.11.2008 filed by the appellant for the purpose of seeking certain information from the Respondent Organization under the Right to Information Act, 2005.
2. It is to be noted that the Respondent is an exempted organization 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 information sought by the Appellant does not pertain to any violation of human rights and allegation of corruption, and therefore, does not fall under Proviso (I) to Section 24 of the RTI Act.
3. It has to be appreciated that 'allegation of corruption' does not mean mere conjectures and surmises. Allegations 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. Such element is clearly missing in this second appeal as no evidence or material has been placed by the Appellant before the Commission so as to establish prima facie case of corruption. Even anything to reasonably support the violation of human right is also absent in the appeal preferred by the appellant before the Commission.
4. The Commission is of the view that the information sought by the appellant cannot be provided under the RTI Act and therefore, the present appeal stands dismissed.
(Sushma Singh) Information Commissioner Authenticated true copy:
(D.C. Singh) Deputy Registrar Copy to:
1. Shri Vinod Kharbanda, L-114, Lajpat Nagar-2, New Delhi - 110024.
2. The C.P.I.O., Intelligence Bureau, Ministry of Home Affairs, 35, Sardar Patel Marg, New Delhi - 110021.