Central Information Commission
Shri Nathi Lal Pandit vs Gref, Bro, Brdb, Ministry Of Defence on 23 April, 2009
Central Information Commission
Appeal No.CIC/WB/C/2008/00384-SM dated 15.11.2005
Right to Information Act-2005-Under Section (18)
Dated: 23 April 2009
Complainant : Shri Nathi Lal Pandit
Respondent : GREF, BRO, BRDB, Ministry of Defence
The Complainant was not present.
On behalf of the Respondent, Shri H.K. Patnaik, Joint Director, was present.
The brief facts of this case are as under.
2. The Complainant had requested the CPIO on 15 November 2005 for a number of information in tabular form regarding the representation of the SC, ST and OBC employees. The CPIO wrote back to him on 6 September 2007 and informed him that his application had been received in that office on 3 September 2007 and that the information sought could not be given as the Organisation concerned was included in the Second Schedule to the Right to Information (RTI) Act under Section 24 and, therefore, the provisions of the Act did not apply to that Authority. Instead of preferring an appeal to the first Appellate Authority, the Complainant has approached the Commission for relief.
3. During the hearing, the Complainant was not present in spite of notice. We examined the contents of the complaint and heard the submissions of the Respondent. The Respondent produced government orders according to which the Border Roads Organisation, of which the GREF was an integral part, was itself a part of the Border Roads Development Board (BRDB), an Organisation included in the Second Schedule of the Right to Information (RTI) Act. Section 24 of the Right to Information (RTI) Act clearly states that nothing contained in CIC/WB/C/2008/00384-SM this Act would apply to Organisations included in the Second Schedule except in case of information pertaining to the allegations of corruption and human rights violations. In this case, clearly, the information sought has no nexus to any allegation of corruption or human rights violation. Therefore, the CPIO was right in not providing the information.
4. The appeal is thus disposed off.
5. Copies of this order be given free of cost to the parties.
(Satyananda Mishra) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(Vijay Bhalla) Assistant Registrar CIC/WB/C/2008/00384-SM