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The Delhi High Court has held that human rights violation do not include service matter under the Right to Information Act. The judgment has came in the backdrop of the case filed by a CBI employee, against whom disciplinary proceedings were initiated but were not proceeded with and thereby, as the petitioner contented, causing him immense distress that will fall under the category of "human rights violation." His promotion was also witheld due to the disciplinary proceedings. Section 24 of the Right to Information Act exempts the security and intelligence agencies, mentioned therein, from the purview of the Act. But the petitioner raised the contention that the proviso of the said section, that is, section 24(1) of the Act mentions that in cases of human rights violation and corruption, the agencies cannot be exempted from the purview of the Act. The order of the Chief Information Commissioner was overturned by the Court in the case before the Delhi High court. The Chief Information Commissioner had ordered that the employee had the right to know about his own case. The central public information officer, however, deferred and contented the case as respondents in the matter before the High Court. The Delhi Court held that service matters are not included in "human rights violation" and therefore service matters like disciplinary action, in the instant case are out of the purview of the Act. Reliance was also placed on the case of Director General v Harender wherein the Court have held the same proposition and have even mentioned categories like disciplinary action, salary increment, promotion, retiral benefits and others in the domain of service matters, holding that they were all outside the ambit of the Act.
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