Case Title: Adarsh Kanojia V. Union OF India.
Decided on October 11, 2023.
Case No.: LPA 696/2023.
CORUM: HON’BLE THE CHIEF JUSTICE AND HON’BLE MR. JUSTICE SANJEEV
NARULA.
Introduction
The present Appeal filed against the impugned judgement on dated 17.08.2023 passed by learned single Judge in WP(C) 12264 OF 2019, titled “ Adarsh Kanojia V. CPIO, Ministry of Home Affairs, where the learned Judge held that the rigors of RTI Act, 2005 does not apply on IB. The Hon’ble High Court of Delhi upheld the judgement of learned Judge and dismissed the appeal and ordered that U/S 24 of RTI Act the IB is exempted from the rigors of RTI Act.
Facts of the case
The appellant has appeared in the exam of Assistant Central Intelligence Officer Grade-II Examination 2017 conducted by the IB. On dated 15.10.2017 vide Roll No. 23059397 and registration ID: MHA111984471 for the recruitment of the post of Assistant Central Intelligence Officer Grade-II. The result of the examination has declared on dated 19.01.2018, and the name of appellant did not feature in the list of successful candidate. The appellant filed an application under the RTI Act, seeking information regarding marks obtained by him, cut off marks of the examination, certified copy appellant OMR sheet and model answer key.
Courts analysis
The Hon’ble High Court of Delhi observed that U/S 24 of RTI Act, the Intelligence Bureau is exempted from the rigors of RTI Act. IB being organization specified under the second schedule of the RTI Act, read with Section 24 of RTI Act. Undoubtedly the IB being an organization which is exempted from the rigors of RTI Act. The present case does not satisfy the exception as underlying RTI. Hence, The Court finds no infirmity in the impugned judgement.
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Written by: Aamir Hussain.
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