Sec. 24 of RTI Act Exempts ED From Disclosing Info on Recruitment Rules if No Human Rights Violation is Involved | HC

Case Details: Directorate of Enforcement v. Ms. Sonali G Badhe - [2024] 160 taxmann.com 678 (HC - Delhi)

Judiciary and Counsel Details

• Prathiba M. Singh, J.
• Zoheb Hossain, Spl. Counsel, Vivek Gurnani, Ms Manisha Dubey & Kanishk Maurya, Advs. for the Petitioner.

Facts of the Case

In the instant case, the RTI application was filed by the RTI applicant, who was an employee of the Income-tax Department, seeking documents and other information relating to Recruitment Rules for the post of Assistant Enforcement Officer since 1990 till date.

The Central Public Information Officer (CPIO) filed its reply in which reliance was placed upon section 24 of the RTI Act, 2005 read with the 2nd Schedule under which ED was one of the intelligence/security organisations exempted from disclosing information under the Right to Information Act, 2005.

The matter then travelled to the Central Information Commission (CIC), which directed the ED to provide pointwise administrative information in response to the RTI application within a period of 30 days. Subsequently, the ED filed an instant petition challenging the impugned order passed by the CIC.

High Court Held

The High Court noted that the information requested was only about the Recruitment Rules. Further, the only exception carved out from the exclusionary clause of section 24(1) of the Act relates to information pertaining to allegations of corruption and human rights violations.

The High Court held that this was not a case that would involve any human rights violation and, accordingly was not exempted by the proviso to section 24 of the RTI Act, 2005. Thus, the ED was exempted u/s 24 of the RTI Act, 2005 from disclosing the said information. Therefore, the impugned order passed by the CIC was to be set aside.

List of Cases Reviewed

• CPIO, Directorate of Enforcement v. Bimal Kumar Bhattacharya [WP(C) 354 of 2018, dated 19-2-2018] (para 25)
• Union of India v. Central Information Commission [SLP (Civil) Diary No. 5557 of 2023] (para 25) followed.

List of Cases Referred to

• Union of India v. Adarsh Sharma [WP (C) 7453 of 2011, dated 9-10-2013] (para 6),
• Dr Neelam Bhalla v. Union of India [LPA 229 of 2014, dated 11-3-2014] (para 12),
• CPIO Intelligence Bureau v. Sanjiv Chaturvedi [WP (C) 5521 of 2016, dated 23-8-2017] (para 12),
• CPIO, Directorate of Enforcement v. Bimal Kumar Bhattacharya [WP (C) 354 of 2018, dated 19-2-2018] (para 12),
• Union of India v. Central Information Commission [LPA 734 of 2018, dated 25-3-2022] (para 12)
• Union of India v. Central Information Commission [SLP (Civil) Diary No(s). 5557 of 2023] (para 12).