The following appeal case “THE CENTRAL PUBLIC INFORMATION OFFICER, CENTRAL BUREAU OF INVESTIGATION, NEW DELHI vs. CENTRAL INFORMATION COMMISSION AND ANR” arose against the order of CIC dated 09th June 2017 in which the CIC rejected the petitioner’s contention that CBI was not in the permit of section 24 of RTI, Act which makes it unobligatory for the petitioner to disclose the information about disciplinary proceedings initiated against respondent 2 one of its own officials.
The brief facts of the case were that respondent 2 was one of CBI’s officials who got transferred from Imphal to New Delhi Head Quarter on 12th September 2013. During his transfer CBI initiated disciplinary proceedings against him under rule 14 of CCA (CCS) rules, 1965, claiming that contention against respondent 2 were grave and sensitive in nature. On this the respondent 2 filled an application dated 01st February 2016 under the Act seeking certain information relating to the disciplinary proceedings – Regular Departmental Action (RDA) for major penalty – initiated against him. The petitioner declined to disclose the information sought on the ground that the CBI was placed in the Second Schedule to the Act and thus was outside the purview of the Act. After several declination of its appeal respondent 2 filled an appeal before the CIC in which the CIC ordered the petitioner to provide the information being seek by respondent 2 as he is their own official. The CIC also ordered that not providing information to its official is also violating his human rights.
On 02nd February 2018 The High Court of Delhi taking precedent “Director General and Anr vs. Harender: WP(C) 5959 of 2013” decided on 16.09.2013 passed an order against the order of CIC that CIC was of wrong view that disciplinary proceedings are not human right violation. Section 24 of RTI, Act does not include corruption and human right violation. Therefore the appeal of the respondent is dismissed.