TMI Blog2017 (8) TMI 1360X X X X Extracts X X X X X X X X Extracts X X X X ..... corruption and human rights violation. The proviso is not qualified and conditional on the information being related to the exempt intelligence and security organizations. If the information sought, furnished by the exempt intelligence and security organizations, pertains to allegations of corruption and human rights violation, it would be exempt from the exclusion clause. If the information sought pertains to allegation of corruption and human right violation, it would be exempt from the exclusion clause, irrespective of the fact that the information pertains to the exempt intelligence and security organizations or not or pertains to an Officer of the Intelligence Bureau or not. Clearly, the information sought by the respondent falls in the category of being exempt from the exclusion clause and is liable to be supplied. Petition dismissed. - W.P.(C) 5521/2016 & CM No.23078/2016 (stay) - - - Dated:- 23-8-2017 - Mr Justice Sanjeev Sachdeva For the Petitioner : Mr. R.V. Sinha with Mr. R.N. Singh and Mr. A.S. Singh, Advocates. JUDGEMENT Sanjeev Sachdeva, 1. The Central Public Information Officer (hereinafter referred to as CPIO) of the Intelligence Bur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prevent corruption or human rights violation either under voluntary disclosure clauses or other provisions of RTI Act. 4. The respondent on 05.12.2015 had filed an application seeking information under the Act. The applicant sought the following information:- i. Kindly provide me certified copy of all the file noting/documents,correspondences/all type of reports between Ministry of Environment, Forest Climate Change. Department of Personnel Training, Cabinet Secretariat and Appointment Committee of Cabinet, regarding interstate Cadre Transfer of Mr. Sanjiv Chaturvedi, IFS, Deputy Secretary AIIMS, New Delhi from Haryana to Uttrakhand (excluding my own representations). ii. Kindly provide me certified copy of all the file noting/documents/correspondences/all type of reports between Ministry of Environment, Forest Climate Change, Ministry of Health Family Welfare, Department of Personnel Training, Cabinet Secretariat and Appointment Committee of Cabinet, regarding Interstate Cadre Deputation of Mr. Sanjiv Chaturvedi, IFS, Deputy Secretary, AIIMS, New Delhi, to GNCT, Delhi (excluding my own representations). 5. The CPIO, MoEF, by its response dated 07.01.2016, to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner that the information sought does not fall within the exception carved out by the proviso to Section 24 of the Act inasmuch as neither it pertains to any allegation of corruption nor of human rights violation within the intelligence bureau. It is contended that the issue raised by the respondent is an ordinary service matter. 14. It is contended on behalf of the petitioner that the exception carved out by the proviso to Section 24, which, specifies information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-Section would apply only if the allegation of corruption or human rights violations were within the Intelligence Bureau or pertaining to an Officer of the Intelligence Bureau. It is contended that only in case the allegations of corruption or human rights violation were relatable specifically to the officers of the Intelligence Bureau would the exceptions carved out by the proviso apply. It is further contended that the exception would have no application in case the allegations of corruption or human rights violation pertain to organization other than the Intelligence Bureau, in respect of which th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rruption. Because of the issues of corruption, raised by the respondent, several orders were passed by the State Government against the respondent. Four presidential orders were issued in favour of the respondent quashing various orders passed by the State Government. 19. It is contended that the respondent has been appreciated and rewarded for his performance and integrity. The respondent, during his tenure in the Haryana cadre, is alleged to have exposed corruption in multi-crore plantation scam in Jhajjar and Hisar district, corruption in construction of a Herbal Park at private land with Government money, illicit felling and poaching in Saraswati Wildlife Sanctuary, corruption in granting license to plywood units etc. 20. It is contended that the respondent was harassed through suspension, major penalty, departmental chargesheet, police and vigilance cases and 12 transfers in just five years. 21. It is contended that the respondent applied for change of cadre from Haryana to Uttrakhand in October 2012 on the ground of major hardships and threat to life. To assess the threat to life of the respondent, the then Secretary, MoEF sought for a report from the Intelligence Bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... des any information furnished by such organisations to the Central Government from being liable to be disclosed. However, an exception is carved out to the exclusion clause with respect to information covered by the proviso. The proviso stipulates that if the information pertains to allegations of corruption and human rights violations, it shall not be excluded under this sub-section. 28. A distinction is drawn by the proviso between intelligence and security organizations and the information furnished by such organisation to the Central Government. The exception carved out by the proviso to the exclusion clause is only with regard to the information and not with regard to the intelligence and security organizations. 29. The plain reading of the proviso shows that the exclusion is applicable with regard to any information. The term any information would include within its ambit all kinds of information. The proviso becomes applicable if the information pertains to allegations of corruption and human rights violation. The proviso is not qualified and conditional on the information being related to the exempt intelligence and security organizations. If the information sought, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted aspects. It is now widely recognised that openness and accessibility of people to information about the Government's functioning is a vital component of democracy. Disclosure of allowable information would lead to better system and it would be in the public interest that a Public Authority should throw open the process of public scrutiny, which would result in evolving a better system. Disclosure of information would compromise the integrity and efficiency of the functioning of the Public Authority. In an increasingly knowledge- based society, information and access to information holds the key to resources, benefits and distribution of power. Information, more than any other element, is of critical importance in a participatory democracy. 9. The Right to Information Act is a rights based enactment more akin to any other enactments safeguarding fundamental rights. As the statement of the object of the Act goes, democracy requires an informed citizenry and transparency of information. The Act encompasses basically two things, firstly, the right of a citizen to seek for information to which he is entitled under the provisions of the Act and the corresponding duty of the In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... India, AIR 1982 SC 149. 12. In the Secretary, Ministry of Information and Broadcasting, Government of India v. The Cricket Association of Bengal, 1995 (2) SCC 179, the Apex Court, while considering the freedom of speech and expression in the light of the right to information, has observed that freedom of speech and expression is basic to and indivisible from a democratic polity. It includes the right to impart and receive information. The Apex Court has also observed that for ensuring the free speech right of the citizens of the country, it is necessary that the citizens have the benefit of plurality of views and a range of opinions on all public issues and a successful democracy posits an 'aware' citizenry. 13. The pride for enactment of the Right to Information Act would certainly go to the judiciary as could be seen from certain observations of the Hon'ble Apex Court in some of the judgments. The judgment in Union of India v. Association for Democractic Reforms, AIR 2002 SC 2112 is again a forerunner for recognising the right to information as a fundamental right and the said judgment laid the foundation over which the superstructure of the Right to Inform ..... X X X X Extracts X X X X X X X X Extracts X X X X
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