Central Information Commission
Shri Shaileshchandra Chatrabhuj ... vs Intelligence Bureau, Ministry Of Home ... on 10 September, 2008
CENTRAL INFORMATION COMMISSION
Appeal No.CIC/WB/A/2007/00773 dated 1.6.2007
Right to Information Act 2005 - Section 19
Appellant - Shri Shaileshchandra Chatrabhuj Parmar
Respondent - Intelligence Bureau, Ministry of Home Affairs
Facts:
By an application of 3.4.07 Shri S.C. Parmar, UDC, SIB Ahmedabad applied to the CPIO / Dy. Director (E) Intelligence Bureau, New Delhi seeking the following information:
"Copy of decision arrived to my application dated 26.4.2005 and 21.11.2005 made under the provision of Fundamental Rights under Article 14 (Right to Equality) of the Constitution of India got by birth addressed to H.E. the President of India regarding regularization of my services with retrospective effects along with consequential promotional benefits as well as seeking audience of HE the President of India respectively which were forwarded to IB Hqrs. Through proper channel."
In a response of 7.5.07 from Deputy Director Shri A.N. Prasad, Shri S. C. Parmar was informed as follows:
"In terms of Section 24(1) of RTI Act - 2005, Security Organizations established by Central Government, including Intelligence Bureau are exempted from providing any information / detail on the subject matter. It is, therefore, regretted that the information sought cannot be shared."
Shri S.C. Parmar had in the meantime made his first appeal before Jt. Director, SIB, Ahmedabad, as he had "not received the information, as requested". On not receiving a further reply, he made his second appeal before us with the following prayer:
"I submitted petitions on 26.4.2005 and 2.11.2005 addressed to HE the President of India, New Delhi under the provisions of existing rules, copy of which is enclosed herewith. Non- receipt of any reply to my petitions encouraged me to seek the information under Right to Information Act - 2005 being the administrative matters relating to my career prospect.1
I request your honour to kindly provide me guidance in the matter and do the needful."
DECISION NOTICE Section 24(1) of the RTI Act, 2005 is clear in the matter before us, and reads as follows:
"Sec. 24(1) Nothing contained in this Act shall apply to the intelligence and security organizations specified in the Second Schedule, being organizations established by the Central Government or any information furnished by such organizations 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:
Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the Central Information Commission, and notwithstanding anything contained in section 7, such information shall be provided within forty-five days from the date of the receipt of request."
The Intelligence Bureau is listed at Sr. No. 1 of the Second Schedule of this Act. The present appeal only addresses the issue of disposal of petitions addressed by appellant Shri Parmar to the President of India. There is no allegation as would call for activation of the Provisos to the Act. This application, therefore, clearly lies outside the jurisdiction of this Commission, which can adjudicate only such matters that fall within the purview of the Right to Information Act, 2005, which the IB does not, except under the Provisos mentioned. The appeal is, therefore, dismissed.
However, appellant has sought the "guidance" of this Commission. He is advised to move the public grievance machinery within the Intelligence Bureau for redress.
2Announced. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner 10.9.2008 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.
(Pankaj Shreyaskar) Joint Registrar 10.9.2008 3