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Central Information Commission

Mr.S Bhaskaran vs Border Security Force on 31 August, 2012

                       Central Information Commission
            Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan, 
                    Bhikaji Cama Place, New Delhi­110066
                   Web: www.cic.gov.in Tel No: 26167931

                                                Case No. CIC/SS/A/2012/000072
                                                             Dated: 31.08.2012

Name of Appellant                 :      Shri S. Bhaskaran

Name of Respondent                :      Border Security Force

Date of Hearing                   :      14.08.2012

                                      ORDER

Shri S. Bhaskaran, hereinafter called the appellant, has filed the present appeal dated 6.1.2012 before the Commission against the respondent Border Security Force (BSF), Abohar Sector, Distt. Ferozpur (Punjab) for not providing information in reply to his RTI-application dated 12.1.2011. The matter came up for hearing on 14.8.2012. The appellant was absent whereas the respondent were represented by Shri Naveen Dagar, HC.

2. The appellant through his RTI application dated 12.1.2011 requested for information on four queries pertaining to two staff vehicles earmarked for Commandant 130 BN BSF; copy of Gate in/out Register for vehicles (Officers Mess) 130 Bn BSF for the period 2008 to 2009; Tour Diary in respect of Mr. N.S. Choudhary, Commandant and medical certificate in respect of Shri Prem Pal Singh. The CPIO vide letter No.Estt-I/RTI/SB/130BN/11/2087 dated 22.2.2011 requested the appellant to remit Rs. 535/- towards additional fee for supply of the requisite documents.

3. On non receipt of information/documents, the appellant preferred an appeal vide his letter dated 13.5.201. The FAA vide his order No. Estt- II/2011/4490-91 dated 8.8.2011 held that the BSF is an organization listed at S. No. 9 of the Second Schedule of RTI Act, as dealing with Security and intelligence and matters and is therefore not covered by the RTI Act in terms of Section 24 of the RTI Act, except for information pertaining to allegations of corruption and violation of human rights. The information sought by the appellant does not relate to corruption or violation of human rights and the appellant has made no such allegation in his application dated 12.1.2011.

4. Having considered the submissions of the parties and perused the relevant documents on file, the Commission notes that the BSF is an exempted organization listed in the Second Schedule of the RTI Act and is, therefore, not amenable to any of the provisions contained in the RTI Act by virtue of Section 24 of the RTI Act. Furthermore, the information sought by the appellant does not pertain to any allegations of corruption or human rights violation under Proviso (I) to Section 24 of the RTI Act.

(Sushma Singh) Information Commissioner Authenticated true copy:

(K.K. Sharma) OSD & Deputy Registrar 3 Case No. CIC/SS/A/2012/000072 Address of the parties:

Shri S. Bhaskaran, SI/Min, Border Security Force, 108/198A, Agraharam Pallipalayam, Erode, Namakkal-638008 (TN) The Commandant & CPIO, Border Security Force, Headquarters, Abohar Sector, Ferozpur (Punjab) The Inspector General & FAA, Border Security Force, Frontier Headquarters, Punjab Frontier, Jalandhar Cantt, Jalandhar (Punjab)