Central Information Commission
Subhash Mishra vs Indo-Tibetan Border Police on 16 November, 2019
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
ि तीय अपील सं या / Second Appeal No. CIC/ITBPO/A/2018/135601/ITIBP
Subhash Mishra ... अपीलकता /Appellant
VERSUS
बनाम
CPIO, Directorate General, ... ितवादीगण /Respondents
Indo Tibetan Border Police
Force, CGO Complex,
New Delhi.
Relevant dates emerging from the appeal:
RTI : 02.02.2018 FA : 01.05.2018 SA : 06.06.2018
CPIO : 23.02.2018 FAO : 17.05.2018 Hearing : 14.11.2019
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Indo-Tibetan Border Police Force (ITBP), CGO Complex, Lodhi Road, New Delhi, seeking copy of the order, rules or any other relevant approval under which in the year Page 1 of 4 2009 and 2010 the authorized sanctioned posts of Head Constable/ Radio Technician were merged on 28.12.2010 in Telecom cadre.
2. The appellant filed a second appeal before the Commission on the grounds that the CPIO denied the information claiming exemption under Section 24(1) and Second Schedule of the RTI Act, 2005 and that on appeal, the FAA upheld the decision of the CPIO. The FAA has stated in the order that the information sought related to merger and de-merger of posts, creation and deletion of posts and the same is approved by the Ministry of Home Affairs after due scrutiny. The appellant, therefore, prayed before the Commission to allow the appeal and direct the respondent to provide the information sought for.
Hearing:
3. The appellant's representative Shri Chandra Mohan attended the hearing through video conferencing. The respondent Shri Mrityunjay Kumar, DIG, ITBP, New Delhi was present in person.
4. The appellant's representative submitted that the information sought was regarding merger and de-merger of posts, creation and deletion of posts only. However, the said information has not been provided by the respondent.
5. The respondent submitted that the appellant was informed vide letter dated 23.02.2018 that ITBP has been declared an exempt organization under Section 24(1) read with the Second Schedule of the RTI Act, 2005. Further, the information sought by the appellant does not pertain to allegations of corruption and human rights violations. The provisions of the RTI Act are, therefore, not applicable in this matter. In view of this, the information sought cannot be Page 2 of 4 provided to him under the RTI Act. Nonetheless, the FAA vide his order dated 17.05.2018 had affirmed the reply provided by the CPIO and had additionally informed the appellant that the information sought by him is regarding merger and de-merger of posts, creation and deletion of posts and the same is approved by the Ministry of Home Affairs.
Decision:
6. The Commission, after hearing the submissions of both the parties and perusing the records, observes that in this case information has been sought from an organization to which the RTI Act does not apply as per Section 24(1) of the RTI Act. Further, the information sought does not pertain to allegations of corruption and human rights violations. Hence, information cannot be provided to the appellant.
7. With the above observations, the appeal is disposed of.
8. Copy of the decision be provided free of cost to the parties.
Sd/-
Sudhir Bhargava (सुधीर भागव)व) Chief Information Commissioner (मु य सूचना आयु ) दनांक / Date 15.11.2019 Authenticated true copy (अिभ मािणत स यािपत ित) S. S. Rohilla (एस. एस. रोिह ला) Dy. Registrar (उप-पंजीयक) 011-26186535 / [email protected] Page 3 of 4 Addresses of the parties:
1. The First Appellate Authority (FAA), Directorate General, Indo Tibetan Border Police Force, Block-2, CGO Complex, New Delhi-110003.
2. The Central Public Information Officer (CPIO), Directorate General, Indo Tibetan Border Police Force, Block-2, CGO Complex, New Delhi-110003.
3. Shri Subhash Mishra Page 4 of 4