CENTRAL INFORMATION COMMISSION
Appeal No. - CIC/WB/A/2009/000088 dated 17.02.'09
Right to Information Act- Section 19
Complainant: Shri Jagdish Prasad
Respondent: Indian Tibet Border Police Force, (ITBP) Ministry of Home
Affairs (MHA), New Delhi.
Decision Announced 29.10.'09
Facts
:-
By an application dated 18.03.2008 Shri Jagdish Prasad of Shivpuri,
Madhya Pradesh sought information regarding the rule under which the appellant
was considered High School failed despite the enquiry report submitted by the
Superintendent of Police, Shivpuri, M. P. declaring him High School passed,
along with the reason for not considering him for promotion on the above ground,
from the Central Public Information Officer, ITBP Force, New Delhi. In response,
CAPIO Shri R. K. Saini by a letter dated 13.05.2008 denied the information
stating that the information sought for did not fall under the category of those
considered information which can be provided by the ITBP under Right to
Information Act, 2005. Shri Jagdish Prasad, being aggrieved with the response,
approached the First Appellate Authority of the Force, but has received no order.
Hence this appeal.
Decision Notice
The ITBP is indeed an organization listed at S. No. 11 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 complainant Shri Jagdish Prasad in the present case
has made no such allegations. The information sought by the complainant is of
the nature of general information and concerns administrative issues of
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personnel management and hence, particularly in light of Sec 24(1) does not lie
under the ambit of the RTI Act.
In the normal course this appeal would have been remanded as 1st appeal
to the appellate authority of the concerned public authority. However, in light of
the above the present appeal is hereby dismissed.
Announced Notice of this decision be given free of cost to the parties.
Wajahat Habibullah
(Chief Information Commissioner)
29-10-2009
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.
29-10-2009
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