Routine denial of information by CBI under section 24

The Complainant sought information regarding the details of criminal case registered against certain officers by Anti-Corruption wing of Central Bureau of Investigation. The representative of PIO regretted the exemption of Section 24 of RTI Act invoked by the PIO but went on to justify the denial under Section 8(1)(h) of RTI Act by claiming that although the investigation was completed and chargesheet was filed, the prosecution is still pending. The CIC admonished the representative of PIO for tendering feeble explanation without understanding the scope and ambit of Section 8(1)(h) of RTI Act. The CIC also reprimanded the PIO to have failed to gauge his conscience regarding the clear allegation of corruption referred in the RTI Application while taking the refuge of Section 24 of RTI Act. The PIO was warned to ensure that each RTI Application is assessed carefully for the applicability of Section 24 of RTI Act and to steer clear from using cyclostyled replies for all cases alike in future. The CIC noted that the PIO does not mention his name in the replies which further reflects on the prima-facie evasive and callous approach of the PIO in owning up to his acts of omission and commission. The PIO was directed to ensure in future that all correspondences sent under RTI Act by him should bear his name. A copy of the order was marked to the FAA to take note of the adverse remarks of the CIC and to look into the manner in which the PIO appears to be dodging request for information under the garb of Section 24 of RTI Act.

Comments

The CIC observed that the conduct of the PIO is reflective of his gross non-application of mind and irrational approach towards the letter and spirit of RTI Act. It is a wakeup call for the PIO’s to take a notice and not resort to cyclostyled replies to RTI queires.

Citation: B Bharathi v. CPIO, Head of Branch Central Bureau of Investigation in File No : CIC/CBRUI/C/2017/175974/SD, Date of Decision: 06/02/2019

Dr. Anuradha Verma (dranuradhaverma@yahoo.co.in) is an expert on RTI matters and has co-authored the books RIGHT TO INFORMATION - LAW AND PRACTICE and PIO’s guide to RTI. Her other articles can be read at the website of RTI Foundation of India at the link: http://www.rtifoundationofindia.com/