Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan, Bhikaji Cama Place, New Delhi-110066 Web: www.cic.gov.in Tel No: 26167931 No.CIC/SS/A/2012/001373 Dated: 2.07.2012 Appellant : Ms. Raman Jeet Kaur Respondent : Intelligence Bureau, Ministry of Home Affairs
The present second appeal emanates from the RTIapplication dated 7.10.2011 filed by the appellant for the purpose of seeking certain information from the Respondent Organization under the Right to Information Act, 2005.
2. It is to be noted that the Respondent is an exempted organization listed under Schedule II of the RTI Act and therefore, is not amenable to any provision contained in the RTI Act by virtue of Section 24 of the RTI Act. Furthermore, the information sought by the Appellant does not pertain to any violation of human rights and allegation of corruption, and therefore, does not fall under Proviso (I) to Section 24 of the RTI Act.
3. It has to be appreciated that 'allegation of corruption' does not mean mere conjectures and surmises. Allegations ought to be supported by cogent and sound evidence which can lead the Commission to frame a prima facie view about corrupt or malpractices being involved in any given case. Such element is clearly missing in this second appeal as no evidence or material has been placed by the Appellant before the Commission so as to establish prima facie case of corruption. Even anything to reasonably support the violation of human right is also absent in the appeal preferred by the appellant before the Commission.
4. The Commission is of the view that the information sought by the appellant cannot be provided under the RTI Act and therefore, the present appeal stands dismissed.
Authenticated true copy:
1. Mrs. Raman Jeet Kaur,
R/o RZ-F-286-A, Nihal Vihar,
Nangloi, Delhi - 110041.
2. The C.P.I.O.,
Ministry of Home Affairs,
5th,Floor, East Block,
R.K. Puram, New Delhi - 110066.