CENTRAL INFORMATION COMMISSION
Complaint No. - CIC/WB/A/2008/01522 dated 10.09.'08
Right to Information Act- Section 19(3)
Appellant : Shri Doman Singh
Respondent: Central Industrial Security Force, (CISF).
Decision announced 11.9.'09
Facts
:-
By an application dated 05.06.2008 Shri Doman Singh of Patna, Bihar
sought information regarding the action taken on his mercy petition and outcome
of that petition filed on 02.07.2004 with Ministry of Home Affairs in respect of his
termination from service in Central Industrial Security Force, from the Central
Public Information Officer, Directorate Central Industrial Security Force, New
Delhi. In response, the CPIO & Inspector General/ Adm. Shri Ajeet Singh
Shekhawat by a letter dated 14.06.2008 refused the information under the
provision of Section 24(1) of Right to Information Act, 2005 as “CISF is an Armed
Force of the Union and thus is exempted from providing information except for
the cases of corruption & human rights violation and the information sought by
you does not fall precisely within the ambit of the two categories mentioned
above”.
Shri Doman Singh, being aggrieved with this response, filed an appeal
under Section 19(1) of RTI Act to the first appellate authority, CISF, New Delhi.
The appellate authority & Director General, CISF, New Delhi Shri R. K. Das by
his order of 11.07.2008 upheld the stand taken by the CPIO. Shri Sharma has
then approached this Commission in 2nd appeal under Section 19(3) of RTI Act,
2005.
Decision Notice
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The Central Industrial Security Force is indeed an organization listed at S,
No. 12 in the Second Schedule of Right to Information Act, 2005 as dealing with
security and intelligence, and therefore not covered by the Act except for
information pertaining to the allegation of corruption and violation of Human
Rights. The information sought by the appellant Shri Doman Singh has made no
such allegations. The information sought by the appellant is general information
which concerns an administrative issue and hence, in light of Sec 24(1) does not
lie under the ambit of the RTI Act, 2005. In view of this the present appeal is
hereby dismissed.
Announced. Notice of this decision be given free of cost to the parties.
Wajahat Habibullah
(Chief Information Commissioner)
11.09.2009
Authenticated true copy, additional copies of order shall be supplied against
application and payment of the charge prescribed under the Act to the CPIO of
this Commission.
Pankaj K. P. Shreyaskar
Joint Registrar.
11.09.2009
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