Barathkumar K M | Sastra Deemed to be University Thanjavur | 17th June 2020
Not every organization is coming under the Right to Information Act, which means some organizations are exempted from the Right to Information act and even some information is not supposed to get from the Right to Information act i.e., no individuals have the right against such organizations and information. If an individual needs to get information about the Central government organization, he or she needs to apply to the Central Information Commission. If an individual needs to get information about the State government organization, he or she needs to apply to the State Information Commission. A person can apply their application via both online and postal. The public authority should reply expeditiously or within 30 days from the date of the application. The main motive of the Right to Information Act is to promote transparency and accountability of the public authority. But the public authority is not supposed to give all the information, especially the formation about national security. The sec. 8 and sec. 9 of this act has been granted exemption and sec.24 provides exemptions concerning certain organizations. The second schedule of this act listed the exceptional organizations. The organizations are as follows:
1. Intelligence Bureau
2. Research and Analysis Wing of the Cabinet Secretariat
3. Directorate of Revenue Intelligence
4. Central Economic Intelligence Bureau
5. Directorate of Enforcement
6. Narcotics Control Bureau
7. Aviation Research Centre
8. Special Frontier Force
9. Border Security Force
10. Central Reserve Police Force
11. Indo-Tibetan Border Police
12. Central Industrial Security Force
13. National Security Guards
14. Assam Riffles
15. Sashastra Seema Bal
16. Directorate General of Income Tax(Investigation)
17. National Technical Research Organization
18. Financial Intelligence Unit India
19. Special Protection Group
20. Defense Research and Development Organization
21. Border Road Development Board, and
22. National Security Council Secretariat
Under sec.24 of the Right to Information Act, some of the information is also not disclosable. The information is as follows:
1. Personal details, income tax return, PAN
2. Educational qualification unless the prima-facie case of fraud
3. Family details, GPF/CGEIS nominations
4. The information which identifies ailment of an employee
5. FIR in respect of an ongoing investigation
6. Case diary maintained by the police officer making an investigation
7. Investigations/enquiries in vigilance, misconduct or disciplinary case before the decision by the competent authority
8. Documents based on which prosecution is in progress
9. Interception of the telephone by authorized personnel
10. Software developed is Intellectual Property Right of developer
11. Incentives provided by commercial organizations for the promotion of their business
12. If there is a confidentiality clause in the collaboration agreement between a public authority and its collaborator which prohibits disclosure to a third party, that information may be denied.
Pankaj Kumar vs. CPIO, Directorate General of Sashastra Semma Bai, New Delhi[1]:
The petitioner was an OBC candidate and had participated in the selection for Central Armed Police Forces and Rifleman which was conducted by the Staff Selection Commission. He respondent stated that the Staff Selection Commission is an exceptional organization under sec.24 (1) of the Right to Information act. The Central Information Commission only informed that the petitioner was not selected for the Central Armed Police Forces because he had scored only 51 whereas the cut off mark is 54. Further, the commission held that the Staff Selection Commission was an exceptional organization from the Right to Information act.
Dinesh Kumar Puri vs. Central Reserve Police Force, New Delhi[2]:
The appellant applied under the Right to Information Act about the CRPF employees’ education secretary and the information on action taken on his complaint letter concerning his implication in the FIR. The respondent held that this information is exempted under sec. 24 of the Right to Information act but the Central Information Commission directed the CRPF to provide information to the extent possible.
Pratap J Shah vs. Directorate of Enforcement[3]:
The appellant has sought information about the notice issued by the Directorate to a particular company, the orders issued against each notice, the details of levy of penalty and name of the Special Director. The Central Information Commission held that this information is exempted from the Right to Information act.
Srinivasa Rao Devatha vs. Ministry of Home Affairs[4]:
The appellant has sought information about the travel details of his wife and parents-in-law to the various countries between 1st January 2014 and 31st December 2014. The Ministry of Home affairs transferred the RTI application to the Intelligent Bureau to provide the information. It was held that the Intelligent Bureau comes under sec. 24(1) of the Right to Information act and thus it was not disclosed to provide the information.
[1] Pankaj Kumar vs. CPIO, Directorate General of Sashastra Semma Bai, New Delhi, CIC/SD/A/2016/000003
[2]Dinesh Kumar Puri vs. Central Reserve Police Force, New Delhi, CIC/SB/A/2016/000511
[3]Pratap J Shah vs. Directorate of Enforcement, MANU/CI/0043/2006
[4]Srinivasa Rao Devatha vs. Ministry of Home Affairs, CIC/SB/A/2016/000145
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