CENTRAL INFORMATION COMMISSION
Appeal No. - CIC/WB/A/2009/000280 dated: 14.03.'09
Right to Information Act- Section 19
Appellant : Mohammed Husain Shaikh
Respondent: Central Industrial Security Force (CISF), New Delhi.
Decision Announced: 29.3.'10
Facts
:-
By an application dated 29.10.2008 Mohammed Hussain Shaikh of Vasco
Da Gama, Goa sought certified copies of CISF gate entry register at the Airport,
Dabolim, Goa and CCTV coverage for the period 01.04.2006 to 01.04.2007,
from the Central Public Information Officer, CISF, Dabolim Airport, Goa. In
response, CPIO Shri Ajeet Singh Shekhawat, Inspector General (Adm,) New
Delhi, by a letter dated 10.11.2008 refused the request of the appellant stating
that the CISF is “an Armed Force of the Union” & is thus exempted from
providing information except for the cases of corruption & human rights violation.
Being aggrieved, appellant approached the 1st appellate authority CISF on
06.12.2008. First Appellate Authority, Shri R. K. Bhatia, Addl. Director General,
CISF, New Delhi vide his decision dated 18.12.2008 upheld the stand of the
CPIO in light of Section 24 read with Second Schedule of RTI Act. The
complainant, being aggrieved, has approached this Commission. Although
acknowledging the fact that the CISF is an organisation listed in the Second
Schedule, appellant Shri Mohammed Hussain Shaikh prays that the information
sought is required for submission to a Court in a labour dispute.
Meanwhile, in response to the appeal notice of the Commission in a
duplicate appeal in File no. CIC/SS/A/2009/000101 between the same parties,
the CPIO, CISF, has submitted his comments explaining the details of the case
concerned with the matter by enclosing the copies of trolley retrievers for the
period 1st to 12th March 2007 recorded in the register at CISF Control Room and
which was provided to the Inspection Officer, Vasco Police Station on his
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demand during investigation of the case filed against one Shri Dinesh regarding
which information had been sought.
Decision Notice
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 (not because it is an Armed Force of the Union), 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 Mohammed Hussain Shaikh has made no such allegations. The
information sought by the complainant is general information concerned with
copies of CISF gate entry register and CCTV footage for a particular period and
hence, particularly in light of Sec 24(1) does not lie under the ambit of RTI Act. In
light of the above the present complainant is hereby dismissed. Nevertheless, the
requirement of appellant Shri Shaikh appears met in part through the response to
the appeal notice received from CPIO Shri Ajay Bhatnagar of CISF discussed
above.
Announced this twenty ninth day of March 2010. Notice of this decision be
given free of cost to the parties.
Wajahat Habibullah
(Chief Information Commissioner)
29.03.2010
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.
29.03.2010
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