Central Information Commission
Poonam Shahani vs Cbi on 23 February, 2023
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/CBRUI/A/2022/104867
Poonam Shahani ......अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Head Of Branch, Central
Bureau Of Investigation, Anti
Corruption Branch, RTI Cell,
C- 35A, G Block, Bandra Kurla
Complex, Bandra(East), Mumbai,
Maharashtra- 400093 .... ितवादीगण /Respondent
Date of Hearing : 20/02/2023
Date of Decision : 20/02/2023
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application filed on :25/10/2021
CPIO replied on :24/11/2021
First appeal filed on :04/12/2021
First Appellate Authority's order :03/01/2022
2nd Appeal/Complaint dated :28/01/2021
Information sought:
The Appellant filed an RTI application dated 25.10.2021 seeking the following information and the CPIO furnished a reply to the appellant on 24.11.2021 stating as under:1
"Information sought under RTI Act, 2005 with regard to complaints of the undersigned against Shri Amrish Pandey, Public Prosecutor, CBI ACB, Mumbai S. No Information Sought Reply
1. Action taken on my complaints / The information sought is exempted u/s letters viz 2093 dated 29-06-2021, 8(1) (j) and u/s. 24 as CBI has been placed in 2094 dated 29-06-2021, 26-08-2021, the second schedule of RTI Act. 14-09-2021, 17-09-2021 and email dated 07-10-2021;
2. Action taken on letter dated 13-09- The information sought is exempted u/s 2021 of SP CBI SCB Mumbai 8(1) (j) and u/s. 24 as CBI has been placed in conveying Orders of worthy the second schedule of RTI Act. Additional Director, CBI, New Delhi with regard to the above subject;
3. Action taken on illegal installation of The information sought is exempted u/s a personal CCTV camera by Shri 8(1) (j) and u/s. 24 as CBI has been placed in Amrish Pandey, PP CBI ACB Mumbai, the second schedule of RTI Act. in the CBI Residential Staff 'quarters, without obtaining any permission and monitoring and recording the activities of me and my daughter on his personal device 24x7 through the said CCTV camera, even in our house clothes/thus causing severe invasion of our privacy and infringement of our right to liberty thus violating Article 21 of the Constitution of India;
4. Action taken against Shri Amrish The information sought is exempted u/s Pandey, PP based on the High Court 8(1) (j) and u/s. 24 as CBI has been placed in Judgment and photographs showing the second schedule of RTI Act. damage to my property, enclosed alone with my letter dated 14-09- 2021:
5. Copy of report submitted by SP CBI No Minutes of Meeting of 04.08.2021 was 2 ACB Mumbai after meeting with the prepared and hence not available on record undersigned, Shri Amrish Pandey and sought is exempted u/s 8(1) (j) and u/s. and Shri Praveen Agarwal In the 24 as CBI has been placed in the second presence of Shri Avinash Londhe, OS schedule of RTI Act on 04-08-2021
6. Copy of the report submitted by HOB The information sought is exempted u/s CBI ACB Mumbai after meeting with 8(1) (j) and u/s. 24 as CBI has been placed in the undersigned and Shri Amrish the second schedule of RTI Act. Pandey, PP, Shri P. Murugan, SP, Shri Mohd. Anwarul, PSI, BSFB and other officers of ACB Mumbai, on 26-08-2021;
7. Copy of letter, if any, given by Shri The information sought is exempted u/s Amrish Pandey, seeking permission 8(1) (j) and u/s. 24 as CBI has been placed in intimation from the Competent the second schedule of RTI Act. Authority to install the said CCTV camera in the CBI Residential Staff Quarters;
8. Copy of permission letter, if any, The information sought is exempted u/s given to Shri Amrish Pandey, PP 8(1) (j) and u/s. 24 as CBI has been placed in allowing him-to install a personal the second schedule of RTI Act. CCTV camera outside his staff quarter, facing my official quarter, situated at CBI Residential Staff Quarters, Antop Hill, Mumbai;
9. Copy of letter, if any, directing Shri The information sought is exempted u/s Amrish Pandey, PP to remove / de- 8(1) (j) and u/s. 24 as CBI has been placed in install the personal CCTV camera the second schedule of RTI Act. installed by him illegally and without permission at the CBI Residential Staff Quarters, Antop Hill, Mumbai;
10. Copy of letter / instructions given to The information sought is exempted u/s any officer to verify the installation 8(1) (j) and u/s. 24 as CBI has been placed in of the said CCTV camera by Shri the second schedule of RTI Act. Amrish Pandey, PP at the CBI Residential Staff Quarters;3
11 Copy of the report of such The information sought is exempted u/s nominated officer, if any, if visited 8(1) (j) and u/s. 24 as CBI has been placed in the said premises for reasons the second schedule of RTI Act. mentioned at (5) above 12 Copies of all notings in note sheet The information sought is exempted u/s files pertaining to my complaints / 8(1) (j) and u/s. 24 as CBI has been placed in letters mentioned at (1) above; the second schedule of RTI Act. 13 Copies of all letters / complaints The information sought is exempted u/s given by Shri Amrish Pandey, PP 8(1) (j) and u/s. 24 as CBI has been placed in against me till date; the second schedule of RTI Act. 14 Copies of Memo / Censure / The information sought is exempted u/s Warning / Show Cause Notice given 8(1) (j) and u/s. 24 as CBI has been placed in to Shri Amrish Pandey, PP as an the second schedule of RTI Act. action to my aforesaid complaints mentioned at (1) above 15 Offical / legal action taken as per The information sought is exempted u/s Provisions of Law, against Shri 8(1) (j) and u/s. 24 as CBI has been placed in Amrish Pandey, PP for his illegal acts the second schedule of RTI Act. and offences committed against the undersigned and her daughter;
16 Departmental Action taken against The information sought is exempted u/s Shri Amrish Pandey, for defying the 8(1) (j) and u/s. 24 as CBI has been placed in Orders of the worthy HOB CBI ACB the second schedule of RTI Act. Mumbal, worthy AD, CBI New Delhi and the Hon'ble High Court of Bombay;
17 Legal action taken against Shri The information sought is exempted u/s Amrish Pandey, PP for causing 8(1) (j) and u/s. 24 as CBI has been placed in cruelty to animals under the PETA the second schedule of RTI Act. Act;
18 Action taken against Shri Amrish The information sought is exempted u/s Pandey, PP for passing sarcastic 8(1) (j) and u/s. 24 as CBI has been placed in remarks against me, being a lady, the second schedule of RTI Act. and my daughter inside the premises of CBI ACB Mumbai on 26- 08-2021;
19 Action taken against Shri Amrish The information sought is exempted u/s Pandey, PP for displaying acts of 8(1) (j) and u/s. 24 as CBI has been placed in unbecoming of a Government the second schedule of RTI Act.4
Servant by defying the Orders of his Superiors 20 Action taken against Shri Amrish The information sought is exempted u/s Pandey, PP for causing criminal 8(1) (j) and u/s. 24 as CBI has been placed in intimidation, mental stress and the second schedule of RTI Act.
harassment, defamation, invasion of
privacy, infringement of right to
liberty, causing criminal trespass,
nuisance, mischief and life-
threatening actions towards lady
employee of the organisation and
her daughter, damaging her
property and ringing her doorbell at
midnight In the CBI Residential Staff
Quarters
21 Action taken against Shri Amrish The information sought is exempted u/s
Pandey, PP for violating prohibitory 8(1) (j) and u/s. 24 as CBI has been placed in
Orders of the Hon'ble High Court of the second schedule of RTI Act.
Bombay of not allowing illegal
installation of CCTV camera
22 Action taken against Shri Amrish The information sought is exempted u/s
Pandey, PP for illegal construction of 8(1) (j) and u/s. 24 as CBI has been placed in
an iron fence in the common the second schedule of RTI Act.
passage on the second floor of Bldg.
No. 41 'A' Wing, without seeking
prior permission for the same from
any Competent Authority;
23 Action taken against Shri Amrish The information sought is exempted u/s
Pandey, PP for disobeying the 8(1) (j) and u/s. 24 as CBI has been placed in
Orders of the worthy HOB CBI ACB the second schedule of RTI Act.
Mumbai to remove the junk and
dustbin etc, placed by him in the
common passage on the second
floor of Bldg. No. 41 'A' Wing;
24 Copies of explanation letters, if any, The information sought is exempted u/s
given by Shri Amrish Pandey, PP in 8(1) (j) and u/s. 24 as CBI has been placed in
response to my aforesaid complaints the second schedule of RTI Act.
against him;
25 Copies of instructions, if any, given The information sought is exempted u/s
5
to any officer of CBI ACB Mumbai 8(1) (j) and u/s. 24 as CBI has been placed in
with regard to my complaints the second schedule of RTI Act.
against Shri Amrish Pandey, PP;
26 Copies of instructions, if any, given The information sought is exempted u/s
to the Care Taker, CBI Residential 8(1) (j) and u/s. 24 as CBI has been placed in
Staff Quarters Mumbai, with regard the second schedule of RTI Act.
to my complaints against Shri
Amrish Pandey, PP;
27 Copy of willingness letter of Shri The information sought is exempted u/s
Amrish Pandey, PP for change in 8(1) (j) and u/s. 24 as CBI has been placed in
Staff Quarter; ' the second schedule of RTI Act.
28 Copy of allotment order of change of The information sought is exempted u/s
quarter to Shri Amrish Pandey, PP in 8(1) (j) and u/s. 24 as CBI has been placed in
view of (13) above; the second schedule of RTI Act.
29 New address of Shri Amrish Pandey, The information sought is exempted u/s
PP after allotment of changed staff 8(1) (j) and u/s. 24 as CBI has been placed in
quarter to him; the second schedule of RTI Act.
30 Certified copy of latest transfer Copy of circular available in the Branch is
Policy guidelines issued by the CBI annexed herewith.
HO with respect to tenure of Public
Prosecutors in each place of posting
and the time period of such posting,
after which transfer of the PP is
mandatory;
31 Copies of correspondent "with 0/o : The information sought is exempted u/s
worthy JD CBI ACB Mumbai with 8(1) (j) and u/s. 24 as CBI has been placed in
regard to this matter the second schedule of RTI Act.
32 Copies of correspondence with 0/o : The information sought is exempted u/s
worthy JD CBI SCB / STB Mumbai 8(1) (j) and u/s. 24 as CBI has been placed in
with regard to this matter; the second schedule of RTI Act.
33 Copies of letters / correspondence The information sought is exempted u/s
received from the local police / 8(1) (j) and u/s. 24 as CBI has been placed in
Antop Hill police station, with regard the second schedule of RTI Act. to my complaints against Shri Amrish Pandey, PP; police station, with regard to my complaints 34 Copies of letters / replies sent from The information sought is exempted u/s CBI ACB Mumbai to local police / 8(1) (j) and u/s. 24 as CBI has been placed in Antop Hill police station, with regard the second schedule of RTI Act.6
to my complaints against Shri Amrish Pandey, PP;
35 Copy of letter deputing any officer The information sought is exempted u/s from CBI ACB Mumbai to visit and 8(1) (j) and u/s. 24 as CBI has been placed in discuss the matter with the officers the second schedule of RTI Act. of local police / antop hill police station;
36 Copy of letter deputing any officer The information sought is exempted u/s from CI AC Mumbai to visit CBI 8(1) (j) and u/s. 24 as CBI has been placed in Residential Staff Quarters, Bldg. No. the second schedule of RTI Act. 41, 'A' Wing, with regard to my complaints against Shri Amrish Pandey, PP;
37 Copy of attendance record of Shri The information sought is exempted u/s Amrish Pandey, for each day of the 8(1) (j) and u/s. 24 as CBI has been placed in year 2021 along with his time of the second schedule of RTI Act. reporting the office / Court and leaving the office / Court 38 Footage / CCTV recordings so No such information is available with this recorded in the illegally installed office. CCTV camera by Shri Amrish Pandey, PP outside his CBI Residential Staff Quarter, bldg. 41, . 'A' Winge second floor, Antop Hill, w.e.f. 11-09-2021 till the date of reply to this application to me;
39 Steps taken, if any, to ensure The information sought is exempted u/s protection and privacy to me and my 8(1) (j) and u/s. 24 as CBI has been placed in daughter in view of the aforesaid the second schedule of RTI Act. acts and offences by Shri Amrish Pandey, PP against us.
Being dissatisfied, the appellant filed a First Appeal dated 04.12.2021. FAA's order, dated 03.01.2022, upheld the reply/information provided on points 30 & 38 and endorsed the invocation of Section 24 on the remaining points.7
Feeling aggrieved and dissatisfied, the appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through video conference. Respondent: Subash Chandra Kundu, SP & Rep. of CPIO present through video conference.
The Appellant stated that she is aggrieved with the reply of the CPIO as the information sought for relates to her own case and therefore the same cannot be denied to her under Section 8(1)(j) of the RTI Act. She further stated that the subject matter also relates to her human rights violation, therefore the exemption of Section 24 is also not applicable here.
The Rep. of CPIO reiterated the reply provided to the Appellant.
Decision:
The Commission based on a perusal of the facts on record observes that the reply of the CPIO invoking Section 24 of the RTI Act is appropriate in as much as the material on record does not suggest any allegation of corruption or human rights violation in the matter, therefore 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 is reproduced as under:
"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:..."
In this context, the Commission is guided by a judgment of the Hon'ble Delhi High Court in the matter of Dr. Neelam Bhalla vs Union Of India & Ors [W.P.(C) 83/2014] dated 03.02.2014, which held as under:
8"4. Having heard learned counsel for the petitioner, this Court is of the view that once the CIC has held that DRDO is an exempted organisation under Section 24 of RTI Act and the information sought does not pertain to corruption and/or human rights violation, it was not open to the CIC to carve out any further exemption...." [Emphasis Supplied] The said judgment was later upheld by a division bench of the Court in LPA 229/2014 on 11.03.2014.
Adverting to the foregoing observations, the Commission is not in a position to order for any relief in the matter.
The appeal is disposed of accordingly.
Saroj Punhani (सरोज पुनहािन) हािन) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 9