Md. Asif Alam v. The Union Of India and Ors.
Case brief
What is this about?
In this civil writ petition, the petitioner, an ex-service man, challenged the rejection of his appeal and an RTI application seeking recruitment details from the Intelligence Bureau. The Court found the Bureau exempt from disclosure under the RTI Act.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.13084 of 2013
=========================================================== Md. Asif Alam S/O Md. Hasnain Khan Resident Of Village- Kabirpur, P.ONathnagar, P.S- Nathnagar, District- Bhagalpur. .... .... Petitioner/s Versus 1. The Union Of India Through Ministry Of Home Affairs, New Delhi. 2. The Joint Director And Appellate Authority, Intelligence Bureau,Ministry Of Home Affairs, New Delhi. 3. The Central Public Information Officer, Intelligence Bureau, Ministry Of Home Affairs, New Delhi. .... .... Respondent/s
=========================================================== Appearance : For the Petitioner/s : Mr. RAVINDRA KUMAR For the Respondent/s : Mr. N. A. SHAMSI (A.S.G.) For the Union of India: Md. ASIF ALAM =========================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL JUDGMENT Date: 09-03-2016
Heard both sides.
A counter affidavit filed on behalf of the respondent is on record. There is no rejoinder thereto.
The respondents initiated recruitment process for the post of ACIO Grade-II/Executive, Non-Gazetted, Non-Ministerial in the Intelligence Bureau, Ministry of Home Affairs, Government of India. The petitioner being an Ex-Service Man applied for the said post. He was considered under General Category candidate and was allowed to take the written test, in which he failed to clear/pass. An application under Right to Information Act, 2005 (for short “RTI Act”) was filed seeking diverse details concerning
Issues for consideration
2 issues framed by the court
Whether the Right to Information Act, 2005 is applicable to the Intelligence Bureau.
Whether the petitioner is entitled to directions to disclose examination details via the RTI Act.
Parties & counsel
- petitioner
Md. Asif Alam
- respondent
The Union Of India
Coram
Kishore Kumar Mandal
Case details
As recorded by the court registry
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