TaxTMI 
TaxTMI 
2022 (4) TMI 60
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.... to as 'RTI Act') seeking the following information.:- (1) copies of all the seniority list in respect of LDCs for the period of 1991 till date; (2) copies of the proposal for promotion of LDCs placed before the DPC together with copies of the Minutes of the Meetings and copies of the promotion orders issued on the recommendations of the DPC from time to time. 4. The aforesaid information was directed to be furnished by the Appellant to respondent no.2 by CIC. Aggrieved by the said decision, the Appellant had filed writ petition, being W.P.(C) 13257/2018. However, the said writ petition was dismissed by learned Single Judge vide order dated 7th December, 2018, observing as under: "Since the respondent was facing prejudices regarding the seniority, therefore, he sought information mentioned above, which information neither hamper with the Intelligence nor Security nor Secrecy of the petitioner organization. Though the petitioner organization is kept away from RTI Act, but that is not regarding the information to its employee, if any of his rights have been denied. The information sought by the respondent from the petitioner does not come under ....
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....gh Court to decide first the issue with respect to the applicability of the RTI Act to the Appellant organization/department and thereafter decide the stay application/LPA. The aforesaid exercise shall be completed within a period of eight weeks from today. The present Appeal is partly allowed to the aforesaid extent. No costs." ARGUMENTS ON BEHALF OF THE APPELLANT 7. Mr.Amit Mahajan, learned counsel for the Appellant, submits that the learned Single Judge while passing the impugned order has held that the information sought by respondent No.2 does not fall under the purview of Section 24 of the RTI Act. He submits that learned Single Judge has erred in holding that the information should be provided to respondent No.2 since it did not pertain to intelligence or security and secrecy of the Appellant organization. 8. Learned counsel for the Appellant contends that Section 24(1) of the RTI Act expressly excludes intelligence and security organizations specified in the Second Schedule of the Act from the purview of the Act. He submits that the Legislature has granted complete immunity to the organizations mentioned in the Second Schedule to the RTI Act and t....
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....cant and thereby the applicant's rights for seniority and for further promotions are being affected. 3. In the circumstances, the OA is disposed of, without going into the merits of the case, by directing the respondents to furnish copies of the tentative of final seniority lists of LDCs, if any, issued by the respondents from time to time, i.e., from the date of appointment of the applicant to till date, within a period of 60 days from the date of receipt of a certified copy of this order. If no tentative/final seniority lists in the category of LDCs, was in existence, the same may be informed to him, within the same time. No costs.' ARGUMENTS ON BEHALF OF THE RESPONDENT 11. Per contra, learned counsel for the respondent states that in the absence of information sought for, the respondent is unable to enforce her fundamental and legal right to promotion. He specifically asserts that despite the order dated 10th October, 2018 passed by Central Administrative Tribunal, no information has been furnished by the Appellant to the respondent till date. COURT'S REASONING THE APPELLANT IS AN INTELLIGENCE AND SECURITY ORGANIZATION SPECIFIED IN SECOND SCHEDULE OF THE RTI....
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....easonable restriction, mentions a reasonable restriction which pertains to security of the State, integrity of India and public order. 28. In our considered opinion, the restrictions imposed are absolutely reasonable and in the name of right to freedom of speech and expression and right to information, the same cannot be claimed as a matter of absolute right. Thus, the submissions advanced on this score are untenable and accordingly we repel the same." 14. Undoubtedly, the Appellant is an intelligence and security organization specified in Second Schedule of RTI Act and is exempt from the purview of RTI Act except when the information pertains to allegation of corruption and human rights violation. Consequently, the submission made by Mr.Amit Mahajan is correct that the Appellant cannot be called upon to disclose information under the provisions of RTI Act except when the information sought pertains to the allegations of corruption and human rights violation. THE EXPRESSION 'HUMAN RIGHTS' CANNOT BE GIVEN A NARROW OR PEDANTIC MEANING. HUMAN RIGHTS ARE BOTH PROGRESSIVE AND TRANSFORMATIVE. 15. Accordingly, the issue that arises for consideration in the present case i....
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....ociety'. 20. In the opinion of this Court, the employees of a security establishment cannot be deprived of their fundamental and legal rights just because they work in an intelligence and security establishment. To hold so would amount to holding that those who serve in these organizations have no human rights. 21. Though, the Division Bench in Dr. Neelam Bhalla (supra) has stated that "...we agree with the view expressed by the learned Single Judge inasmuch as the information that was sought by the appellant/petitioner pertained to her service record which had nothing to do with any allegation of corruption or of human rights violations...", yet upon a perusal of the judgment passed by learned Single Judge (which was authored by one of us i.e., Manmohan, J), it is apparent that the Appellant-petitioner in that case had sought compensation and disciplinary action against certain Government officials for furnishing inaccurate and incomplete information. Consequently, the observations in the said judgment have to be read in the light of the issue that arose for consideration. Further, in Dr. Neelam Bhalla (supra), the concept of human rights was neither argued nor dealt with. A....