Bimal Kumar Bhattacharya v. Cpio, Directorate Of Enforcement & ANR

$~73 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 256/2018 & CM APPL. 18694-18695/2018 BIMAL KUMAR BHATTACHARYA ..... Appellant Through:

Mr. Inderjeet Yadav, Adv.

versus CPIO, DIRECTORATE OF ENFORCEMENT & ANR ..... Respondents Through:

Mr. Amit Mahajan, CGSC, UOI with Ms. Mollika H., Adv. for respondents.

CORAM:

HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 07.05.2018 The appellant is aggrieved by the order of the learned Single Judge who rejected the writ petition.

The petitioner had sought information with respect to the progress of the complaint made by him to the Enforcement Directorate, Ahmedabad, which alleged violation of the Foreign Exchange Management Act, 1999 (FEMA) by M/s Thomas Cook (India) Limited. The learned Single Judge noticed that the Enforcement Directorate was an excluded organisation under Section 24(1) of the Right to Information Act, 2005 not falling within the purview of the RTI Act. He also relied upon the decision in the case of 'CPIO Intelligence Bureau vs. Sanjiv Chaturvedi', 242 (2017) DLT 542 to hold that the RTI queries, of the kind sought by the appellant, could not be entertained unless the exceptions i.e. the

contents relating to corruption and human rights violation, were established.

We have heard learned counsel for the appellant and are of the opinion that there is no infirmity with the order of the learned Single Judge.

The appeal is therefore dismissed.

S. RAVINDRA BHAT, J A. K. CHAWLA, J MAY 07, 2018 nn