Central Information Commission
Shri Naval Kishore Pandey vs Indian Reserve Battalion on 16 January, 2012
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi-110066
Web: www.cic.gov.in Tel No: 26167931
No.CIC/WB/C/2010/000562/SS Dated: 16.01.2012
Complainant : Shri Naval Kishore Pandey
Respondent : Indian Reserve Battalion
ORDER The present complaint emanates from the RTIapplication dated 12.5.2010 filed by the complainant for the purpose of seeking certain information from the Respondent Organization under the Right to Information Act, 2005.
2. It is to be noted that the Respondent is an exempted organization listed under Schedule II of the RTI Act and therefore, is not amenable to any provision contained in the RTI Act by virtue of Section 24 of the RTI Act. Furthermore, the information sought by the complainant does not pertain to any violation of human rights and allegation of corruption, and therefore, does not fall under Proviso (I) to Section 24 of the RTI Act.
3. It has to be appreciated that 'allegation of corruption' does not mean mere conjectures and surmises. Allegations ought to be supported by cogent and sound evidence which can lead the Commission to frame a prima facie view about corrupt or malpractices being involved in any given case. Such element is clearly missing in this complaint as no evidence or material has been placed by the Complainant before the Commission so as to establish prima facie case of corruption. Even anything to reasonably support the violation of human right is also absent in the complaint preferred by the complainant before the Commission.
4. Before parting, the Commission would like to clarify that RTI Act is not a dispute redressal mechanism for settlement of private individual grievances which are meant to be settled through appropriate channels established by law. Those organizations which are exempted under Section 24 of the RTI Act cannot be subjected to provide such information which the RTI Act itself does not mandate them to furnish.
5. The Commission is of the view that the information sought by the complainant cannot be provided under the RTI Act and therefore, the complaint stands dismissed.
(Sushma Singh) Information Commissioner Authenticated true copy:
(D.C. Singh) Deputy Registrar Copy to:
1. Shri Naval Kishore Pandey, Indian Reserve Battalion, Aagti Unit, Union Territory Lakshadweep - 682553.
2. The C.P.I.O., O/o the Commandant, Indian Reserve Battalion, HQ - Kavaratti - 682555, Union Territory Lakshadweep.