Lawstreet Journal

ED Is Exempt From The RTI Act, Except For Info Relating To Allegations Of Corruption Or Human Rights Violations: Delhi High Court

Lawstreet Journal 28 Mar 2022 8:05pm

Image courtesy: Lawstreet Journal Judiciary ED Is Exempt From The RTI Act, Except For Info Relating To Allegations Of Corruption Or Human Rights Violations: Delhi High Court

The Delhi High Court has ruled that the Enforcement Directorate, as an intelligence and security organisation listed in the Second Schedule of the Right to Information Act, is exempt from the Act's except , when  the information in question relates to allegations of corruption or human rights violations.

A case was heard before Justice Manmohan and Justice Sudhir Kumar Jain over an RTI application filed by a Superintendent (respondent in the matter) working in the Enforcement Directorate's Administration.

The said application requested copies of all seniority lists for Lower Division Clerks (LDCs) from 1991 to the present, as well as copies of proposals for promotion of LDCs presented to the DPC, as well as copies of Minutes of Meetings and copies of promotion orders issued on the DPC's recommendations from time to time.

The Central Information Commission  had directed the said information to be provided to the respondent. However, the said order was challenged by the Union of India before a Single Judge which had dismissed the said plea vide order dated 7th December 2018.

While Letter Patent Appeal was filed before the division bench , the application for stay filed by the Union or India was disposed of. Accordingly, an Special Leave petition  was filed in the Supreme Court challenging the division bench order refusing grant of stay .

...“C.M.No.54608/2018 

Subject to the outcome of the writ petition and taking note of the fact that the information sought for is only the service particulars of respondent No.2 like seniority… Continue Reading...


Tagged: Enforcement Directorate   Delhi High Court  
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