The appeal of the income tax officer has been rejected by the Punjab and Haryana High Court asking for the data under the Right to Information Act (RTI Act) associated with Trap Proceeding conducted against him by the Central Bureau of Investigation (CBI).
In a corruption case, the Income Tax Officer was convicted and his appeal against the conviction is due before the High Court. It was marked by the court that the data asked was needed to make his appeal defensive.
Justice Mahabir Singh Sindhu mentioned that “the nature of the information sought by him does not suggest any public interest; rather, it is a complete misuse of the provisions of the RTI Act, just to harass the officials of respondent-CBI with an ulterior motive.”
It was observed by the court that CBI has kept in the Second Schedule to the RTI Act and hence his prayer was rejected. The CPIO agency has intimated to the applicant that the RTI act is not subject to be applied to CBI.
The applicant after the rejection of the legal appeal proceeded to the HC asking for a writ like certiorari to quash the impugned orders.
The applicant’s counsel claimed that the data was refused under the notification maintaining CBI in the Second Schedule but the authorities along with the Central Information Commission (CIC) ignored section 24 of RTI Act, Para 20 Part IV of Guide on RTI Act for Public Information Officers and diverse memorandums furnished via the centre which particularly cited that RTI application asking for the data related to the allegations of corruption is carried.
CIC counsel furnished that the applicant is not a public-spirited person and data asked via him could not be furnished for the cause that the RTI act does not apply to CBI under the notification issued in 2021.
After examining the submissions, the Court observed, “It transpires that petitioner was working as an Income Tax Officer and was convicted by learned Special Court, CBI, Patiala, Punjab vide judgment of conviction and order of sentence dated 24.07.2008 in RC-4 of 01.02.2005 under Sections 7 and 13 of Prevention of Corruption Act, 1988…”
Additionally, Justice Sindhu cited that a plea preferred against the ruling of conviction and order of sentence is due adjudication to of the Justice Sindhu Co-ordinate Bench of the High Court and it transpires that the “information sought by petitioner relates to the aforesaid pending appeal and at this stage”, he attempted to receive certain information under RTI act to make his appeal stronger which he unables in the trial before the Special CBI court.
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It was mentioned by the court that the petition was misconceived and was to be dismissed with costs, though with a lenient opinion without any cost, it denied the appeal.
| Case Title | Raj Kumar Arora vs. Central Information Commission |
| Citation | CWP No.24272-2024 (O&M) |
| Date | 27.11.2024 |
| For the Petitioner | Mr Nipun Bhardwaj, Mr Nikhil Ghai |
| For the Respondent | Mr Arvind Seth, Mr Akashdeep Singh |
| Punjab and Haryana High Court | Read Order |
