Central Information Commission
Mr. Yashwant Singh vs Cbi on 18 September, 2012
Central Information Commission, New Delhi
File No.CIC/SM/A/2011/002919
Right to Information Act2005Under Section (19)
Date of hearing : 18 September 2012
Date of decision : 18 September 2012
Name of the Appellant : Shri Yashwant Singh
110, Mall Road,
Lucknow - 226 001.
Name of the Public Authority : CPIO, Central Bureau of Investigation,
Anti Corruption Branch, 7, Nawal Kishore
Road, Lucknow - 226 001.
The Appellant was present.
On behalf of the Respondent, Shri Deewakar Pandey, Inspector was
present.
Chief Information Commissioner : Shri Satyananda Mishra
2. Both the parties were present in the Lucknow studio of the NIC. We heard their submissions.
3. In his RTI application filed after the inclusion of the CBI in the second schedule to the Right to Information (RTI) Act, the Appellant had raised a number of queries most of which did not amount to information within the meaning of section 2(f) of the Right to Information (RTI) Act. The CPIO had declined to provide any information on the ground that the CBI had since been CIC/SM/A/2011/002919 included in the second schedule of the RTI Act. The Appellate Authority has dismissed the appeal.
4. After carefully considering the facts of the case, we find that only one of the queries pertains to a case of allegation of corruption against public officials. Therefore, in our opinion, the CPIO is obliged to consider this request as per the proviso to section 24(1) of the Right to Information (RTI) Act and decide if the desired information could be disclosed.
5. In the light of the above, we direct the CPIO to consider the 10th query of the RTI application within 10 working days of receiving this order and provide the information regarding the action taken on the complaint, in case, he finds it to pertain to any allegation of corruption. Needless to say, the Appellant can resort to the first and second appeal if he is not satisfied with the order so passed or the information so provided by the CPIO.
6. The appeal is disposed of accordingly.
7. Copies of this order be given free of cost to the parties.
(Satyananda Mishra) Chief Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(Vijay Bhalla) Deputy Registrar CIC/SM/A/2011/002919