Central Information Commission
Kedar Nath vs Cbi on 13 February, 2020
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/CBRUI/C/2019/105647
Kedar Nath .... िशकायतकता /Complainant
VERSUS
बनाम
CPIO,
Central Bureau of Investigation,
Central Forensic Science Laboratory,
Block - IV, CGO Complex,
Lodhi Road,
New Delhi - 110003. ... ितवादीगण /Respondent
RTI application filed on : 14/06/2018
CPIO replied on : 16/07/2018
First appeal filed on : 30/07/2018
First Appellate Authority order : 14/08/2018
Complaint dated : 28/01/2019
Date of Hearing : 12/02/2020
Date of Decision : 12/02/2020
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INFORMATION COMMISSIONER : DIVYA PRAKASH SINHA
Information sought:
The Complainant sought certified copy of CBI CFSL report in detail along with individual comprehensive DNA analysis study report in the case titled Kedar nath V/s Sita Devi pending adjudication before the court of Learned District & Sessions Judge, Kishtwar, J&K. Grounds for the Complaint:
The CPIO has not provided the desired information.1
Relevant Facts emerging during Hearing:
The following were present:-
Complainant: Present on phone.
Respondent: J.G. Moses, PSO & CPIO and Dr. Reeta, SSO II, ACPIO, Central Forensic Science Laboratory, Central Bureau of Investigation, CGO Complex, Lodhi Road, New Delhi present in person.
Appellant stated that he is not satisfied with the reply of the CPIO denying him information sought under Section 8(1)(h) of the RTI Act.
CPIO submitted that information was denied under Section 8(1)(h) of the RTI Act.
At the instance of the Commission, CPIO submitted that the relevant RTI Application sought comprehensive DNA analysis study report referred to them by the concerned Court in connection with a case titled Kedar Nath Vs Sita Devi. He further submitted that Central Forensic Science Laboratory is a unit functioning under the Central Bureau of Investigation.
Observation Commission treats the present Complaint as Second Appeal because First Appeal has been filed and the Complainant wanted to get information. Decision Commission has gone through the case records and on the basis of proceedings during hearing observes that CPIO has erred in denying information under 8(1)(h) of the RTI Act because the matter was referred to them by a Court.
CBI has been placed at Sl. No.23 of the Second Schedule to the RTI Act 2005 vide Notification No. F.No.1/3/2011-IR dated 09.06.2011 of Govt. of India and as such RTI Act is not applicable to the organization except where allegations of corruption and/or human rights violation have been made. CSFL is a wing of CBI and the above provision is also applicable to them. In the instant case, Appellant has not made any specific allegation of corruption/ human rights violation, which will make him entitled for information from CSFL.2
File No : CIC/CBRUI/C/2019/105647 In view of the foregoing, Commission does not find any scope of intervention in the matter.
The Appeal is disposed of accordingly.
Divya Prakash Sinha ( द काश िस हा )
Information Commissioner ( सूचना आयु )
Authenticated true copy
(अ भ मा णत स या पत त)
Haro Prasad Sen
Dy. Registrar
011-26106140 / [email protected]
हरो साद सेन, उप-पंजीयक
दनांक / Date
Signature Not Verified
Digitally signed by User 3
Date: 2020.02.13 17:25:36 IST