CENTRAL INFORMATION COMMISSION
Complaint No CIC/WB/C/2007/00785 dated 07/05/2007
Right to Information Act 2005-Section 18 (1)
Complainant: Shri. Rakesh Sharma
Respondent: Ministry of Home Affairs (MHA)
Decision
The Commission has received a complaint from Shri Rakesh
Sharma, of Rai Ganj, Govindpur, WB. that his requests under RTI act-2005
submitted to Central Public Information Officer, MHA seeking inspection of the
correspondence file of S.B II Ad hoc Battalion which was on election Duty IN
J&K w.e.f 07-08-2002 to 15-10-2002, has not been responded to, even
through the same was duly submitted along with the requisite fee dated
25.07.2007 on the grounds that the information sought cannot be provided
under RTI Act.
In the light of the facts it is clear that the information sought by
Complainant Shri Rakesh Sharma is held by the BSF, an organisation listed
at S. No. 9 of the Second Schedule of RTI Act, 2005 and hence outside our
jurisdiction vide Sec 24 (1). Moreover Shri Rakesh Sharma has not leveled
any allegations either for corruption or for the violation human rights, while
filing both his RTI applications. However, only in his complaint before this
Commission has the complainant alleged violation of human rights, and that in
a matter of personnel management.
As per the RTI Act, since the BSF is an organization listed in second
schedule and the complainant has not leveled any charges as available in the
Proviso to section 24 of the RTI Act, the present complaint is without merit
and is dismissed.
(Wajahat Habibullah)
Chief Information Commissioner
25.05.2009
1
Authenticated true copy. Additional copies of orders shall be supplied against
application and payment of the charges prescribed under the Act to the CPIO
of this Commission.
(PK Shreyaskar)
Jt. Registrar
25.05.2009
2