Central Information Commission
Mr.N Natarajan vs Ministry Of Defence on 27 December, 2012
Central Information Commission
Room No. 308, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No:CIC/LS/A/2012/002700
Appellant : Shri N Natarajan
Public Authority: HQ, ATNKK Area, C/o 56 APO
Date of hearing : 27.12.2012
Date of Decision : 27.12.2012
FACTS
The matter is heard today dated 27.12.2012. Appellant not present. The public authority is represented by Col H.S. Bainsla.
2. It is noticed that the appellant had filed RTI application dated 1.12.2011 in Tamil language. The English translation thereof is given below :-
"CSD Canteen at Arni has sought for the following towards obtaining the amount for approved cremation expenses :-
1. Death Certificate
2. Legal-Heir certificate
3. Ration Card
4. Post Card - 2 nos
5. Discharge Book
6. Photo of the deceased (after death) accompanied by the person claiming the amount.
1. Who has framed the rules and regulations for seeking the above document? Provide the copy of the rules and regulations.
2. How much amount is currently being paid towards cremation expenses? Provide the copy of rules and regulations.
3. From which fund/account this amount is being paid?
4. How many Canteens are there in Tamil Nadu? Where are they located?
5. What is the total number of ex-servicemen/widows registered with Canteen as on 1.12.2011?
6. Provide the copy of the final audit report of CSD Canteen accounts for 2009-10."
3. Col Bainsla, PIO vide letter dated 13.12.2011 had informed the appellant as under :-
"2. Information sought vide your RTI application under reference comes under URC (Unit Run Canteen) and it is exempted from the provisions of Right to Information Act, 2005."
4. It appears that the appellant did not file the first appeal and has moved this Commission straightaway.
5. It is also noteworthy that the appellant had filed WP No. 27355 of 2012 before the Madras High Court seeking direction to CIC to decide the appeal expeditiously. The High Court vide order dated 29.10.2012 had directed this Commission to consider the appeal and pass an appropriate order. In compliance with this order, the matter has been fixed for hearing today dated 27.12.2012.
6. It appears that the CSD Canteen at Arni had sought certain documents for approval of cremation expenses. In para 01 of the RTI application, the appellant had sought to know the authority which had framed these rules and regulations. He had also sought a copy of these rules and regulations. In para 02, he had sought information about the amount which is currently being paid towards the cremation charges. In para 03, he had sought to know the fund/account from which cremation expenses were being paid. In para 04, he had sought to know the number of canteens in the State of Tamil Nadu and their locations. In para 05, he had sought to know the number of ex-servicemen/widows registered with the canteens as on 01.12.2011. In para 06, he had sought a copy of the final audit report of the CSD Canteen accounts for the year 2009-10.
7. It would, thus, appear that the queries raised by the appellant are not restricted to Unit Run Canteens. They are broad and general in nature and need to be responded to by the CPIO. It is true that the URCs have been held to be 'not public authority' u/s 2(h) of the RTI Act, 2005, by this Commission but, as noted above, the queries raised by the appellant transcend the functioning of URCs. In the premises, CPIO is hereby directed to provide para wise information to the appellant in 05 weeks time, regardless of the fact that URCs are not 'public authority' u/s 2(h) of the RTI Act.
Sd ( M.L. Sharma ) Information Commissioner Authenticated. Additional copies of the order shall be supplied on application and payment of fees, as per RTI Act, to the CPIO of the Commission.
(K.L.Das) Dy Registrar Address of the Parties :- ( l) The CPIO, 2) Shri N Natarajan, 2/677A, Koot Road, RTI Cell, HQ ATNKK Area, Arniyappadi Village, Arni Taluk, Island Ground, Chennai 09. TN Thiruvannamalai Distt 632 314.