Central Information Commission
C H Satyanarayana vs Ministry Of Defence on 12 July, 2017
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CENTRAL INFORMATION COMMISSION
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Club Building (Near Post Office)
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Old JNU Campus,New Delhi-110067
Tel: +91-11-26106140/26179548
Email - [email protected]
File No. CIC/DODEF/A/2016/305462/SD
Date of Decision :10/07/2017
Relevant facts emerging from the Appeal:
Appellant : C H Satyanarayan
P B No. - 6103 Colaba
Mumbai, MH - 400005
Respondent : CPIO
Embarkation Headquarters
2nd Floor Nav Bhawan
Bldg 10, R Kamani Marg
Mumbai - 400001
RTI application filed on : 27/05/2016
PIO replied on : 21/06/2016
First appeal filed on : 25/06/2016
First Appellate Authority : 19/07/2016
order
Second Appeal dated : 12/09/2016
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INFORMATION COMMISSIONER : DIVYA PRAKASH SINHA
Information sought:
The Appellant sough certified copies of duty rosters of all Watchmen borne on the strength of Emb HQ Mumbai for the period Jan 2014 to May 2016 and copies of daily parade state of Watchmen for the period from Jan 2014 to May 2016.
Grounds for the Second Appeal:
The CPIO has not provided the desired information.1
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through VC.
Respondent: Lt Col U.K. Nair, Adm & Accounts Officer and CPIO, Embarkation Headquarters, Mumbai present through VC.
CPIO submitted that the Embarkation HQ is a Tri-Service Organisation catering to the requirements of Army, Navy & Air Force besides DRDO and 24 PSUs under MoD. He further submitted that functions of the Embarkation Headquarters include export/import of defence cargo i.e. vital and secret equipments of the MoD. He furthermore submitted that any information pertaining to guards/watchmen is likely to compromise the security of the sensitive establishment and has been aptly denied under Section 8(1)(a) of the RTI Act.
Appellant stated that chowkidars/guards deployed at Embarkation Headquarters are ground level functionaries and any information pertaining to them is not likely to compromise the national security. He also quoted a CIC decision No.CIC/VS/A/2015/001526/SB dated 08.08.2016 wherein, Delhi Police was directed to provide the deployment of security guards.
Observations:
Commission observes that any information pertaining to individuals responsible for import/export of defence cargo is likely to prejudicially affect the security of the country as the same may be accessed by anti-national elements, thus breaching the security of a sensitive establishment. It may also be noted that the Commission does not find any similarity between the decision of a coordinate bench of CIC relied upon by the Appellant, as it deals with deployment of police personnel at pickets and beat boxes of a Railway crossing, who are essentially performing general public duty and by no stretch of imagination can be treated at par with the personnel deployed to guard sensitive establishment related to country's defence.
Decision In view of the foregoing, Commission cannot order any relief in the matter and upholds the reply of the CPIO.2
File No. CIC/DODEF/A/2016/305462/SD It shall be further noted that CPIO & FAA should ensure that their names are mentioned alongwith their signatures. The practice of signing merely mentioning the rank of the officer is not deemed as a healthy practice. In the context of RTI Act primarily, name of the CPIO & FAA is intrinsic for proceedings under Section(s) 18, 19 & 20 therein.
With these observations, the appeal is disposed of.
(Divya Prakash Sinha) Information Commissioner Authenticated true copy (H P Sen) Dy. Registrar/Designated Officer 3