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Central Information Commission

Mr.K K Mittal vs Ministry Of Home Affairs on 4 November, 2011

                         Central Information Commission
              Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan, 
                      Bhikaji Cama Place, New Delhi­110066
                     Web: www.cic.gov.in Tel No: 26167931

                                                          Case No. CIC/SS/A/2011/001219
                                                                       Dated: 04.11.2011

Name of Appellant                    :       Shri K.K. Mittal

Name of Respondent                   :       Intelligence Bureau

Date of Hearing                      :       02.11.2011

                                         ORDER

Shri K.K. Mittal, the appellant has filed this appeal dated 1.7.2011 before the Commission against the Intelligence Bureau, Ministry of Home Affairs, New Delhi, for not providing information to his RTI-request dated 4.4.2011. The matter came for hearing on 02.11.2011. The appellant was absent, whereas the respondents were represented by Shri Anuj Sharma, Director, Ministry of Home Affairs and Shri A.K. Mishra, Asstt. Director, Intelligence Bureau.

2. The appellant filed an RTI-request dated 4.4.2011 addressed to Ministry of Home Affairs (Foreigners Division), New Delhi seeking information on four queries relating to Lookout Circular dated 30/31.8.2010 against Shri Vinay Kumar issued by the Assistant Director (Immigration) at the request of ADCP (South & South East), Chitranjan Park PS, New Delhi in connection with FIR No. 315/2009. The CPIO, MHA vide letter dated 7.4.2011 transferred the RTI application to CPIO, Intelligence Bureau, New Delhi. CPIO, Intelligence Bureau vide letter No. 37/IMM/2011(79)/268 dated 6.5.2011 denied the information by invoking Section 24(1) and Second Schedule stating that Bureau of Immigration/Intelligence Bureau is exempted from providing any information on the subject.

3. Aggrieved by the reply of the CPIO, the appellant preferred first-appeal on 21.5.2011. The FAA vide order No. 37/Imm/2011(79)-1758 dated 23.6.2011 upheld the reply of CPIO with the observation that there is no involvement of corruption or human right violations on the part of BOI/IB on the issues raised by him.

4. Having heard the respondent and perused the relevant documents in file, the Commission is of the considered view that the information sought by the appellant does not pertain to allegations of corruption or human rights violation. The respondent BOI/IB is an exempted organization in terms of Section 24 of the RTI Act, 2005. Therefore, there is no interference is called for on the part of the Commission.

The matter is accordingly disposed of at Commission's end.

(Sushma Singh) Information Commissioner Authenticated true copy:

(K.K. Sharma) OSD & Deputy Registrar Address of the parties:

Shri K.K. Mittal, 79, Teg Colony, Kheri Road, Patiala-147001.

The CPIO, Intelligence Bureau, Ministry of Home Affairs, 35, Sardar Patel Road, New Delhi.

The First Appellate Authority, Intelligence Bureau, Ministry of Home Affairs, 35, Sardar Patel Road, New Delhi.