Central Information Commission
Akash Mahadev Jadhav vs Intelligence Bureau on 12 July, 2022
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/MOEAF/A/2021/602780
CIC/INBRU/A/2021/602778
CIC/EIRSA/A/2021/602769
CIC/EIRSA/A/2021/602774
CIC/EIRSA/A/2021/602776
Shri Akash Mahadev Jadhav ... अपीलकता /Appellant
VERSUS/बनाम
PIO ... ितवादीगण /Respondent
1. Ministry of External Affairs
2. Ministry of Home Affairs
3. Intelligence Bureau
4. Embassy of India, Riyadh
Date of Hearing : 12.07.2022
Date of Decision : 12.07.2022
Chief Information Commissioner : Shri Y. K. Sinha
Relevant facts emerging from appeal:
Since both the parties are same, the above mentioned cases are clubbed together
for hearing and disposal.
Case No. RTI Filed CPIO reply First appeal FAO 2nd Appeal
on received on
602780 23.10.2020 26.10.2020 27.10.2020 24.11.2020 31.01.2021
602778 22.10.2020 17.11.2020 23.11.2020 - 31.01.2021
602769 17.09.2020 06.10.2020 07.10.2020 05.11.2020 31.01.2021
602774 28.10.2020 16.11.2020 16.11.2020 15.12.2020 31.01.2021
602776 09.10.2020 20.10.2020 27.10.2020 25.11.2020 31.01.2021
Information soughtand background of the case:
(1) CIC/MOEAF/A/2021/602780 The Appellant filed an online RTI application dated 23.10.2020 seeking information on the following:-Page 1 of 5
The CPIO/Under Secretary (MEA-N), Ministry of External Affairs, vide online reply dated 26.10.2020 replied that no such information is available in the records of the Ministry of External Affairs Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 27.10.2020. The FAA/Director (ADP & RTI), MEA, vide order dated 24.11.2020 stated as under:-
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
A written submission has been received from the CPIO and US (RTI), MEA vide letter dated 04.07.2022 wherein it was stated that the FAA vide order dated 24.11.2020 directed the Nodal PIO to transfer points 1 to 5 of the RTI application to the M/o Home Affairs which was complied with vide letter dated 26.11.2020.
(2) CIC/INBRU/A/2021/602778 The Appellant filed an online RTI application dated 22.10.2020 seeking information on the following:-
The CPIO/Assistant Director, Intelligence Bureau, vide letter dated 17.11.2020 replied as under:-Page 2 of 5
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 23.11.2020 which was not adjudicated b by y the First Appellate Authority as per available record.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
(3) CIC/EIRSA/A/2021/602769 The Appellant filed an online RTI application dated 17.09.2020 seeking information on the following:-
The CPIO, Embassy of India, Riyadh, vide online reply dated 06.10.2020 .10.2020 replied that the required information is not available in the records of the Embassy.
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 07.10.2020. The FAA/Counsellor Counsellor (CW), Embassy of India, Riyadh, vide order dated 05.11.2020 upheld the reply of the CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
(4) CIC/EIRSA/A/2021/602774 The Appellant filed an online RTI application dated 28.10.2020 seeking information on the following:-
Page 3 of 5The CPIO, Embassy of India, Riyadh, vide online reply dated 16.11.2020 replied that the required information is not available in the records of the Embassy.
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 16.11.2020. The FAA/Counsellor (CW), Embassy of India, Riyadh, vide order dated 15.12.2020 upheld the reply of the CPIO.
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
(5) CIC/EIRSA/A/2021/602776 The Appellant filed an online RTI application dated 09.10.2020 seeking information on the following:-
The CPIO, Embassy of India, Riyadh, vide online reply dated 20.10.2020 replied that the required information is not available in the records of the Embassy.
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 27.10.2020. The FAA/Counsellor (CW), Embassy of India, Riyadh, vide order dated 25.11.2020 upheld the reply of the CPIO. Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
The Appellant remained absent during the hearing despite prior intimation.
The Respondent represented by Shri Bhupendra Singh Nikhurpa, US (RTI) and Shri Nirav Kumar B Sutariya, US (Gulf), MEA; Shri U K Sinha, Jt Director, Intelligence Page 4 of 5 Bureau and Shri Harminder Singh, DCIO, Intelligence Bureau participated in the hearing through video conference and reiterated the replies of their respective departments available on the Commission's record.
Decision:
Keeping in view the facts of the case and the submissions made by the Respondents, the Commission is of the view that appropriate responses as per the provisions of the RTI Act, 2005 have been provided by the MEA and Embassy of India, Riyadh, as only such information that is part of the available record of the public authority can be provided. As regards, the reply of Intelligence Bureau it is clear that as per the provisions of the Act that it is an organization exempted from the purview of the Act as per Section 24 (1) r/w the Second Schedule of the Act and no allegation of corruption or violations of human rights was justified by the Appellant. The Appellant was not present during the hearing to contest the submissions of the Respondent or to buttress his case. Hence, no further intervention of the Commission is required in the instant Second Appeals which stand disposed off accordingly.
वाई. के. िस हा) Y. K. Sinha (वाई.
Chief Information Commissioner (मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) S. K. Chitkara (एस. के. िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 5 of 5