Allegations of corruption are not exempt from RTI; CIC asks CBI Chief to raise staff awareness
NEW DELHI: Emphasizing That Allegations Of Corruption Are Not Covered By The Exemption The CBI Has Received From The RTI Law, The Agency Official Has Advised His RTI Processors To Make The Provision Aware.
Information Commissioner Divya Prakash Sinha Quoted An Order In Which The Intelligence Agency Focused On Providing Information About Allegations Of Corruption By An Applicant.
Like The Intelligence Agency, The Central Research Office Is Also Included In The List Of Organizations Exempted From The Right To Information (RTI) Act.
However, This Exemption Does Not Extend To Archives Held By The Agency That Are Related To Corruption And Human Rights Violations And Are Subject To Provisions Of The RTI Act.
Sinha Heard A Case Where An Applicant From RTI Wanted To Investigate The Status Of His Complaint Regarding Irregularities In The Allocation Of LPG Distributorship By The Officers Of. In Jaipur.
Denying The Information, The CBI Quoted The Exemption It Had Received From The Central Government And Said That The Provisions Containing Information About Allegations Of Corruption Were Limited Under The RTI Act To Allegations Against Its Own Officials And Not All Allegations Of Corruption That She Owned.
Rejecting The Argument, Said Sinha, Commission Notes That CPIO's Reliance On The Earlier Decisions Of The Coordinated Banks To Support The View That The CAB Is Only Required To Provide Information Regarding The Alleged Corruption Against Its Own Employees Satisfies .
He Referred To The Order Of The High Court Of Delhi From August 23, 2017 In Which The Intelligence Agency, An Exempt Organization Such As The CBI, Was Focused On Providing Information Regarding Allegations Of Corruption.
... If The Information Requested Relates To Corruption Charges And Human Rights Violations, They Would Be Exempted From The Exclusion Clause, Regardless Of Whether The Information Relates To Exempt Intelligence And Security Organizations Or Not, Or To An Officer Intelligence Service Or Not," Said The High Court Quoted By Sinha.
The Above-mentioned Ratio Vis-à-vis The Intelligence Agency Is Square Applied To The Case Of CBI Also, Sinha.
Furthermore, The Commission Believes That The Incorrect Connotation That The CPIO Attributes To The Reservation Under Section 24 (1) Of The RTI Act That It Only Applies To Cases Involving CBI Employees May Result In A Gross Violation Of The Provisions Of RTI Act By Respondent In The Future Office, The Information Commission Said.
He Had Marked A Copy Of The Recent Order To The Director, The CBI, Who Advised Him To Appreciate The Need To Make The Central Information Officers (CPIO) Aware Of The Scope And Scope Of The RTI Act And Those Of Section 24 Name By Means Of Appropriate Workshops Etc.