Central Information Commission
B Visuvapari vs Defence Research And Development ... on 12 August, 2024
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/DRADO/A/2023/137628
B Visuvapari ... अपीलकता /Appellant
VERSUS
बनाम
CPIO: DRDO, Bengaluru ... ितवादीगण/Respondent
Relevant dates emerging from the appeal:
RTI : 15.06.2023 FA : 19.07.2023 SA : 08.09.2023
CPIO : 13.07.2023 FAO : 09.08.2023 Hearing : 05.08.2024
Date of Decision: 12.08.2024
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Appellant filed an RTI application dated 15.06.2023 seeking the following information:
a) "Copy of reply or email in response to my email dated 04.03.2023 & 07.03.2023.
b) Copy of all reply in response to ASC records letter no. 1606/14860509N/LA (Cir) dated 24.04.2023 and even no. dated 01.06.2023.
c) Copy of any letter submitted by K. Vijayalakshmi regarding CEA claim."
2. The CPIO replied vide letter dated 13.07.2023 and the same is reproduced as under:-
Page 1 of 4"You are hereby informed that DRDO is placed in Second Schedule of RTI Act, 2005 and is exempted from disclosure of information under Section 24(1) except information pertaining to the allegations of corruption and human rights violations."
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 19.07.2023. The FAA's order dated 09.08.2023 upheld the reply of CPIO.
4. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 08.09.2023.
5. The Appellant was present during the hearing through video conference and on behalf of the Respondent, Deepak Mishra, Scientist 'G', Director RTI & CPIO, DRDO, Delhi attended the hearing in person along with Mahesh Kopp, Scientist 'F' & CPIO, LRDE, DRDO Bengaluru present through video conference.
6. The Appellant stated that he has not sought any confidential information of LRDE but only wanted to know about the action taken on the emails of his wife related to the CEA.
7. The Respondent reiterated the reply provided to the Appellant.
8. The Commission, after adverting to the facts and circumstances of the case, and perusal of records, observes that the CPIO has appropriately replied to the RTI Application as per the provisions of the RTI Act.
9. Further, the material on record do not suggest any allegation of corruption or human rights violation in the matter, to allow for the disclosure of information, if any, as per the proviso to Section 24(1) of the RTI Act. For the sake of clarity, the relevant provision is reproduced as under:
"24. Act not to apply to certain organizations--
(1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Page 2 of 4 Government: Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section:..."
In this context, the Commission is guided by a judgment of the Hon'ble Delhi High Court in the matter of Dr. Neelam Bhalla vs Union Of India & Ors [W.P.(C) 83/2014] dated 03.02.2014, which held as under:
"4. Having heard learned counsel for the petitioner, this Court is of the view that once the CIC has held that DRDO is an exempted organisation under Section 24 of RTI Act and the information sought does not pertain to corruption and/or human rights violation, it was not open to the CIC to carve out any further exemption...." [Emphasis Supplied] The said judgment was later upheld by a division bench of the Court in LPA 229/2014 on 11.03.2014.
10. Having observed as above, no action is warranted in the matter. The Appellant is advised to pursue his grievance before the appropriate forum.
11. The Appeal is dismissed accordingly.
Copy of the decision be provided free of cost to the parties.
Sd/-
आनंदी राम लंगम)
(Anandi Ramalingam) (आनं म
सूचना आयु )
Information Commissioner (सू
दनांक/Date: 12.08.2024
Authenticated true copy
Col S S Chhikara (Retd) (कन ल एस एस िछकारा, ( रटायड ) Dy. Registrar (उप पंजीयक) 011-26180514 Page 3 of 4 Addresses of the parties:
1. CPIO (Under RTI Act, 2005) Electronics and Radar Development Establishment, Defence Research & Development Organisation P.B. No.9324, C V Raman Nagar Bengaluru - 560093
2. B Visuvapari Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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