Central Information Commission
B Sreekanth Reddy vs Central Economic Intelligence Bureau on 18 November, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/CEIBU/A/2023/133133
B Sreekanth Reddy .....अपीलकर्ाग /Appellant
VERSUS
बनाम
CPIO,
Central Economic Intelligence
Bureau, 1st Floor, B-Wing,
Janpath Bhawan, Janpath,
New Delhi - 110001 ....प्रनर्वािीगण /Respondent
Date of Hearing : 13.11.2024
Date of Decision : 14.11.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 17.05.2023
CPIO replied on : 30.05.2023
First appeal filed on : 06.06.2023
First Appellate Authority's order : 26.06.2023
2nd Appeal/Complaint dated : 31.07.2023
Information sought:
The Appellant filed an (online/offline) RTI application dated 17.05.2023 seeking the following information:Page 1 of 7
"We approached Union Bank of India for Enhancement-cum - Renewal of working capital limits of our company M/S. BHRUNDA Infra Private Limited. During the process Bank asked us about case registered against me (Mr.B.Sreekanth Reddy, Chairman and Managing Director of the company M/S.BHRUNDA Infra Private Limited) with Telangana Police vide case no:153/2014 dated:9.12.2020 uploaded in system/server of CEIB (Central Economic Intelligence Bureau) and also informed by you to Union Bank of India.
As far as I know there are no such cases on me and I believe it is a similar name matching. Still, I have to prove my innocence with our Banker/CEIB for our future prospects. We did asked Union Bank of India for more details on this case. But they expressed their inability to give more accurate details and said that it is my responsibility to find out and prove my innocence and they only have the said limited information only from you. In that process I have applied under RTI act to Telangana Police department and there is no such case found on CCTNS (Eecops) version 1 Database of Telangana state police and could not find any FIR in the name of Mr.B.Sreekanth Reddy Chairman and Managing Director of BHRUNDA Infra Private Limited. I am herewith enclosing copy of letter received from Public Information officer of Telangana state Police Department.
So I request you to please update/ rectify in your date base and remove this black mark on my name. It is not out of place to mention that there are nearly 800 police stations in Telangana state and every year they start FIR serial numbers afresh. This black mark on me has annoyed me beyond bearable limit. I am enclosing my Aadhar card also for your reference. You may cross check my name/ my father's name and other details for correcting your date base. We also request you to confirm the same to us in writing and also to our Banker. It just says B.Sreekanth Reddy and for us 'B' stands for surname Bhimareddy and your database says B.Sreekanth reddy. Please cross check and rectify the same."
The CPIO furnished a reply to the Appellant on 30.05.2023 stating as under:
"This is for your kind information that the Central Economic Intelligence Bureau is exempted from the purview of RTI Act-2005, under Sec. 24(1), read with second schedule of Act. Hence, it is regretted that the information sought by you cannot be provided."Page 2 of 7
Being dissatisfied, the appellant filed a First Appeal dated 06.06.2023. The FAA vide its order dated 26.06.2023, upheld the reply of the CPIO.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present through video-conference.
Respondent: Mr. Suresh Kumar Meena, CEZB/CPIO along with Mr. Vivek Gulati Joint Director, CEIB and Mr. Kunal Singh Chauhan, Asst. Director, CEIB present in person.
A written submission dated Nil filed by the respondent prior to the hearing is taken on record, contents of the same are reproduced below:
"1. RTI application of Shri B Sreekanth Reddy sought Information as follows:-
"The applicant approached Union Bank of India for enhancement of working capital limits for his company, During the process, bank asked him about a case registered against him with Telengana Police vide case no. 153/2014 dated 09.12.2020, uploaded in the system/server of CEIB.
The applicant claimed that no such case has been registered against him. The applicant filed RTI and appeal had sought information/requested to update regarding his name/similar name appearing in CEIB's database."
2. CEIB reply and RTI Act Under the Section 24(1) of the RTI Act, 2005 clearly mandates non-application of RTI Act, except in cases of alleged Human Rights violation and/or Corruption, to certain intelligence and security organization including the CEIB. The present case/complaint/application does not fall in the category of Human Right violation and or Corruption.
3. The work in CEIB pertains to organized economic offences wherein the national economic security is involved. Hence, the work of this Bureau is highly confidential/secret in nature. Further, the investigation into such cases is conducted/caried out by various Law Enforcement Agencies (LEAs). The investigation of such/complaints does not reach at its culmination in this Bureau. Hence, disclosure of confidential and secret information maintained by the Bureau can put the economic security of the country at stake. Therefore, it is not feasible for this Bureau to provide such information."
Page 3 of 7Appellant narrated that factual background of this case by reiterating the contents of his second appeal, wherein he inter alia pleaded as under:
"we approached Union Bank of India for Enhancement-cum - Renewal of working capital limits of our company M/S. BHRUNDA Infra Private Limited. During the process Bank asked us about case registered against me (Mr. B. sreekanth Reddy, chairman and Managing Director of the company M/S.BHRUNDA lnfra private Limited) with Telangana Police vide case no:153/2014 dated:9.12.2020 uploaded in system/server of CEIB (Central Economic Intelligence Bureau) and also informed by you to Union Bank of India.
As far as I know there are no such cases on me and I believe it is a similar name matching. Still, I have to prove my innocence with our Banker/CEIB for our future prospects. we did asked union Bank of India for more details on this case. But they expressed their inability to give more accurate details and said that it is my responsibility to find out and prove my innocence and they only have the said limited information only from you. In that process I have applied under RTI act to Telangana Police department and there is no such case found on CCTNS (Eecops) version 1 Database and ICJS (interoperable Criminal Justice System) of Telangana state police and could not find any FIR in the name of Mr.B.sreekanth Reddy chairman and Managing Director of BHRUNDA Infra Private Limited. I am herewith enclosing copy of letters received from Public information officer of Telangana state police Department.
so I request you to please update/ rectify in your date base and remove this black mark on my name. It is not out of place to mention that there are nearly 800 police Application u/s 19(1) of the RTI ACT ZO0S FROM: B. Sreekanth Reddy, (Bhimareddy Sreekanth Reddy Villa NO:19, xxxx HYDERABAD. Mobile no: xxxxxxxxx Email: [email protected] Aadhar no:xxxx xxxx xxxx Ref: l. Letter received from 2.Letter received from stations in Telangana state and every year they start FIR serial numbers afresh. This black mark on me has annoyed me beyond bearable limit I'm enclosing my Aadhar card also for your reference. You may cross check my name/ my father's name and other details for correcting your date base. We also request you to confirm the same to us in writing and also to our Banker. It just says B. Sreekanth Reddy and for us 'B' stands for surname Bhimareddy and your database says B. Sreekanth reddy. Please cross check and rectify the same. In this issue we first wrote to Central Economic Intelligence Bureau (CEIB) to correct their records. We were advised to write to Sri Sunil Bareja, First Appellate Authority& Deputy Secretary CEIB. The First Appellate Authority of CEIB rejected our appeal saying that CEIB is exempted from purview of RTI Act 2005. We now bring to your notice that information vide RTI is not our motto. We are desperately to get negative Page 4 of 7 remarking in our file removed and we are enclosing all proofs. It is seriously affecting our carrier and Banking. Please do the needful rectification."
During the hearing, the respondent showed an additional written submission dated 12.11.2024 to the bench, which is taken on record, wherein he mentioned as under:
"...2. In this case, a request from Union Bank of India for an antecedent report was received on 15.03.2023 in respect of Shri B. Sreekanth Reddy. On checking the CEIB database, since the name was figuring, vide report dated 27.03.2023, an adverse report was sent to the Bank.
3. After a RTI application was filed by Shri B. Sreekanth Reddy, it was discovered that it was a case of mistaken identity and the Shri B. Sreekanth Reddy in the CEIB database was a different person then the person in the RTI application. Accordingly, corrective action was taken at CEIB's end. This is evident from CEIB's report sent to Union Bank of India on 30.05.2024 wherein no case was reported against Shri B. Sreekanth Reddy. 4. CEIB could not give the information in response to the RTI application of Shri B. Sreekanth Reddy since the Bureau is exempted from the purview of RTI Act, 2005 under Section 24(1), read with second schedule of the Act. It is submitted that there is no adverse report against the RTI applicant in the CEIB database as on date." (Emphasis supplied) At the behest of the Commission, respondent has agreed to share a copy of his written submission with the appellant.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, finds no scope of any relief and agrees with the initial reply of CPIO that the Respondent Public Authority is an exempt organization as per Second Schedule of Section 24 of the RTI Act. Further, the material on record does not suggest any allegation of corruption or human rights violation in the matter, for which reason, the Commission finds no reason to invoke the proviso to Section 24(1) of the RTI Act to allow the disclosure of information, if any. For the sake of clarity, the relevant provision of Section 24(1) is reproduced as under:Page 5 of 7
"24. Act not to apply to certain organizations.--
(1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section:..."
Nonetheless, a detailed clarification has been given by the Respondent through his written submission dated 12.11.2024 in the true spirit of the RTI Act, which is treated as revised reply and self-explanatory, despite being an exempt organization. It is appreciated that in case of a mistaken identity and consequent faux pas, the Respondent Public Authority is not invoking exemption under Section 24 of the RTI Act.
However, in furtherance of hearing proceedings, the Respondent is directed to provide a copy of his written submission dated 12.11.2024, to the Appellant within one week from the date of receipt of this order.
No further Intervention of the Commission is warranted in this matter.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Page 6 of 7 Copy To:
The FAA Central Economic Intelligence Bureau, 1st Floor, B-Wing, Janpath Bhawan, Janpath, New Delhi - 110001 Page 7 of 7 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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