Central Information Commission
Nisha Priya Bhatia vs Cabinet Secretariat on 29 August, 2017
CENTRAL INFORMATION COMMISSION
2nd Floor, 'B' Wing, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi -110066
Tel : +91-11-26717355
Appeal Nos. CIC/SM/A/2011/000168
CIC/SM/A/2012/000189
CIC/SM/A/2011/002633
CIC/SM/A/2011/002313
CIC/SM/A/2012/000115
CIC/SM/A/2011/002551
Appellant: Nisha Priya Bhatia,
R/o - I-263, Naraina, New Delhi-110028.
Respondent: Central Public Information Officer
Cabinet Secretariat (SR), Room No. 1001,
B-1 Wing, Pt. Deendayal Antyodaya Bhawan,
CGO Complex, Lodhi Road, New Delhi-110003.
Date of Hearing: 29.08.2017
Dated of Decision: 29.08.2017
ORDER
Facts:
CIC/SM/A/2011/000168
1. The appellant filed RTI application dated 30.09.2010 seeking certified copy of the document detailing names of three committee members who prepared the report that led to the compulsory retirement of Shri Prabhu Dayal Baitha along with a copy of the report prepared by such committee.
2. The CPIO responded on 01.11.2010. The appellant filed first appeal dated 17.11.2010 before the First Appellate Authority (FAA). The FAA responded on 16.12.2010. The appellant filed second appeal on 01.02.2011 before the Commission on the ground that information should be provided to her.
CIC/SM/A/2012/000189
3. The appellant filed RTI application dated 13.09.2011 seeking certified copy of Secret Service Fund Bills of all 'Special Operations Branches' including 1 'Nepal' and 'Q' branch operations for the period January, 2007 to January, 2009.
4. The CPIO responded on 14.10.2011. The appellant filed first appeal dated 22.10.2011 before the First Appellate Authority (FAA). The FAA response is not on record. The appellant filed second appeal on 10.01.2012 before the Commission on the ground that information should be provided to her. CIC/SM/A/2011/002633
5. The appellant filed RTI application dated 23.08.2011 seeking certified copy of enquiry report submitted by Commodore K. M. Nair in July-August 2007 regarding embezzlement of funds at CSD canteen in the RAW along with the action taken on the enquiry report.
6. The CPIO responded on 21.09.2011. The appellant filed first appeal dated 26.09.2011 before the First Appellate Authority (FAA). The FAA responded on 27.10.2011. The appellant filed second appeal on 01.11.2011 before the Commission on the ground that information should be provided to her.
CIC/SM/A/2011/002313
7. The appellant filed RTI application dated 23.08.2011 seeking information regarding her application dated 04.11.2010 for sanction u/s 197 Cr.P.C. for trying former Secretary of RAW, Shri Ashok Chaturvedi viz. copy of documents detailing name and address of the concerned intelligence and security organization mentioned in para 1 of letter No. F. No. 18(16)/2011/RTI-EA-II- 409 dated 03.05.2011.
8. The CPIO responded on 22.06.2011. The appellant filed first appeal dated 28.06.2011 before the First Appellate Authority (FAA). The FAA responded on 29.07.2011. The appellant filed second appeal on 19.09.2011 before the Commission on the ground that information should be provided to her.
CIC/SM/A/2012/000115
9. The appellant filed RTI application dated 23.08.2011 seeking video recordings/CDs, wherein women employees of the RAW were sexually exploited.2
10. The CPIO responded on 18.10.2011. The appellant filed first appeal dated 18.10.2011 before the First Appellate Authority (FAA). The FAA responded on 31.10.2011. The appellant filed second appeal on 10.01.2012 before the Commission on the ground that information should be provided to her.
CIC/SM/A/2011/002551
11. The appellant filed RTI application dated 05.08.2011 seeking certified copies of appointment letters of all Field Assistants (GD) recruited by the RAW from January, 2000 to July, 2011; matriculation certificate of Shri Krishna Prasad (FA); names of owners of safe houses purchased by RAW including their addresses; Secret Service Fund Bills of RAW from January, 2000 to July, 2011 etc.
12. The CPIO responded on 02.09.2011. The appellant filed first appeal dated 11.09.2011 before the First Appellate Authority (FAA). The FAA responded on 11.10.2011. The appellant filed second appeal on 24.10.2011 before the Commission on the ground that information should be provided to her.
Hearing:
13. The appellant did not participate in the hearing. The respondent participated in the hearing in person. Shri Sudhir Walia (Advocate) represented the respondent. He agreed to hearing of these 6 cases together, as the subject matter is similar in nature.
14. The respondent stated that the Research and Analysis Wing of the Cabinet Secretariat (RAW) is exempted from the purview of RTI as per the provisions of Section 24(1) r/w Second Schedule of the RTI Act, 2005 except in the cases pertaining to corruption and human rights violation. Further, he stated that no case of corruption and human rights violation is involved on the part of the department (RAW). Moreover, the information solicited by the appellant relates to personal information of third party and it would cause unwarranted invasion of the privacy of the individual. Therefore, there is no ground for 3 disclosure of any information.
Discussion/ observation:
15. The Commission observed that the appellant's allegation about the violation of human rights or acts of corruption by the officials of the RAW was without any basis. Therefore, exemption available under Section 24(1) r/w Second Schedule of the RTI Act, 2005 is applicable in these cases.
16. The action/steps taken by the respondent in dealing with the RTI applications is satisfactory.
Decision:
17. No further intervention of the Commission is required in the matter.
The appeals are disposed of. Copy of the order be given to the parties free of cost.
(Radha Krishna Mathur) Chief Information Commissioner Authenticated true copy (S.C. Sharma) Dy. Registrar 4