Central Information Commission
Mrmahesh Chandra vs Indo-Tibetan Border Police on 4 September, 2015
CENTRAL INFORMATION COMMISSION
CLUB BUILDING (NEAR POST OFFICE)
OLD JNU CAMPUS, NEW DELHI110067
Decision No.CIC/VS/C/2014/000472/SB/
Dated: 04.09.2015
Complainant: Shri. Mahesh Chandra Mathpal,
Geeta Enclave, Phase II, Near Gandhi
Ashram, Village Ramdi, Aansingh, PO.
Fatehpur, Haldwani, Distt. Nainital,
Uttarakhand 263 139
Respondent: Central Public Information Officer,
Central Record Office, ITBP Force,
Eastern Khand9A, Rama Krishna
Puram, New Delhi 110 066
Dated of Hearing: 04.09.2015
ORDER
1. Shri. Mahesh Chandra Mathpal, filed an application dated 21.05.2014 under the Right to Information Act, 2005 (RTI Act) with the Central Public Information Officer (CPIO), ITBP seeking information on 6 points relating to Shri. Mathura Dutt Mathpal including the date of enrolment, the rank and pay scale in which Shri. Mathura Dutt Mathpal was recruited in ITBP, the G.D. No., the present rank and place of posting of the individual and how much increment in pay was earned by him during five years etc.
2. The CPIO, ITBP vide letter dated 10.07.2014 transferred the Application to the DIG Establishment & Recruitment, ITBP, who informed the complainant vide reply dated 12.08.2013 that ITBP is not bound to provide information under the RTI Act, as ITBP is an exempted organization under section 24 of the RTI Act, 2005. The complainant filed a complaint dated 24.09.2014 before the Commission.
Hearing:
3. The complainant Shri. Mahesh Chandra Mathpal and the respondent Shri S.P Dubey, CPIO and Chief Administration Officer were present in person.
4. The complainant submitted that the respondent did not provide any information to him.
5. The respondent submitted that Indo Tibetan Border Police, (ITBP) has been put in the Second Schedule of the Right of Information Act, 2005. Hence, as per Section 24(1) of the RTI Act, ITBP is exempted from the purview of the RTI Act.
Decision:
6. The Commission observes that under Section 24(1) read with Second Schedule of the RTI Act, 2005, Indo Tibetan Border Police, (ITBP) has been declared an exempt organization.
Further, the information sought by the appellant does not pertain to allegations of corruption and human right violations. Hence, no further action is required in the matter.
7. The complaint is disposed of. Copy of decision be given free of cost to the parties.
(Sudhir Bhargava) Information Commission Authenticated true copy.
(V.K. Sharma) Designated Officer