S. Rajeev Kumar Vs The Director (Kerala High Court)
Kerala High Court held that as Central Bureau of Investigation (CBI) is included in the second schedule to RTI Act, 2005, CBI is not liable to furnish any information.
Facts-
Subject issue in the writ petition relates to the dismissal of an application under the Right to Information Act, 2005 and confirmation of the same by the appellate authorities.
According to the appellant, his retirement benefits are withheld on the basis of a case booked by the third respondent (Deputy Director, CBI, Anti-Corruption Bureau) alleging that while clearing certain sundry goods baggage of NRI Labourers, proper assessment was not done by him for monetary benefits, while he was working in the unaccompanied Baggage section, Air Cargo, Trivandrum.
It is alleged by the appellant that the officers working under the third respondent manipulated the statements u/s. 161 of CrPC of three passengers. The appellant had made a complaint before the Director, CBI for an enquiry against the Investigating Officer and the Director CBI ordered for enquiry and it was completed and a report was submitted.
The appellant submitted an application under RTI Act, 2005, for securing a copy of the enquiry report; however it was declined. Being aggrieved, the present writ petition is filed.
Conclusion-
Held that the notification issued by the Government dated 09.06.2011 makes it clear that in the exercise of the powers conferred by Section 24(2) of the RTI Act, the Central Bureau of Investigation, National Investigation Agency and the National Intelligence Grid are included in the second schedule to the RTI Act, 2005. Therefore, it can be seen that once CBI is included in the second schedule in contemplation of Section 24 of the RTI Act, 2005, the said organization is not liable to furnish any information.
