Central Information Commission
Sardara Singh vs Indo-Tibetan Border Police on 28 September, 2019
के न्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई दिल्ली, New Delhi - 110067
निकायत संख्या / Complaint No. CIC/ITBPO/C/2018/132627/ITBPO
Sardara Singh ... निकायतकताग /Complainant
VERSUS
बनाम
CPIO, Central Record Office, Indo ...प्रनतवािीगण /Respondent
Tibetan Border Police Force,
Ministry of Home Affairs, New Delhi
Relevant dates emerging from the complaint:
RTI :23.11.2017 FA : not on record Complaint : 23.05.2018
CPIO :02.01.2018 FAO : not on record Hearing : 24.09.2019
ORDER
1. The complainant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Central Record Office, Indo Tibetan Border Police Force (ITBP), Ministry of Home Affairs (MHA), New Delhi seeking information pertaining to letter no. 1- 4012/87/R.T.I./Adm.2107-5540 dated 12.10.2017 addressed to ITBP which waS forwarded by MHA under Section 6(3) of the RTI Act, 20015 with respect to RTI Application dated 26.09.2017 filed by the complainant.
Page 1 of 42. The complainant filed a complaint before the Commission on the grounds that information sought for by the complainant was wrongfully denied by the respondent by claiming exemption under Section 24 of the RTI Act, 2005. The complainant requested the Commission to impose a penalty on the erring CPIO as per the provisions of the RTI Act.
Hearing:
3. The complainant's Representative, Shri Hans Raj and the respondent, Smt Anjana Suthar, Section Officer, CPIO, Indo Tibetan Border Police Force, New Delhi were present in person.
4. The complainant's representative submitted that as per letter no. ITBP/V Been/Accts/GP F/FP/79-6802 dated 20.09.1979 of Commandant of 5th Battalion ITBP, the rank of the complainant was Havaldar, whereas, the pension paid by the ITBP to the complainant is of Sepoy rank. Further, the service pension of Havaldar is Rs. 4920/- minimum w.e.f 01.01.2006 but complainant was paid Rs. 3500/- and when the pension of the Havaldar was increased to Rs, 12750/- w.e.f 01.01.2016, the complainant was paid Rs. 9000/- only. The complainant also requested the respondent vide RTI application dated 26.09.2017 to provide him his service records, but no information has been furnished so far. The complainant's representative requested the Commission to direct the CPIO to furnish the information sought for.
5. The respondent submitted that the appellant was informed vide letter dated 02.01.2018 that ITBP has been declared an exempt organization under Section 24(1) read with the Second Schedule of the RTI Act, 2005. Further, the information sought by the appellant does not pertain to allegations of corruption and human rights violations. The provisions of the RTI Act are, therefore, not Page 2 of 4 applicable in this matter. The respondent also stated that the present matter is a complaint and not a second appeal. Further, no first appeal was filed in the matter. Hence, no information can be furnished in this matter. In view of this, the information sought for cannot be provided to the appellant. However, on compassionate grounds they will reconsider the issue again in consultation with the complainant. The respondent, therefore, advised the appellant to send a petition (not an RTI application) in this regard to him.
Decision:
6. The Commission, after hearing the submissions of both the parties and perusing the records, observes that in this case information has been sought from an organization to which the RTI Act does not apply as per Section 24(1) of the RTI Act. Further, the information sought does not pertain to allegations of corruption and human rights violations. Hence, no information can be furnished in this matter.
7. With the above observations, the complaint is disposed of.
8. Copy of the decision be provided free of cost to the parties.
Sd/-
Sudhir Bhargava (सुधीर भागगव) Chief Information Commissioner (मुख्य सूचना आयुक्त) दिनांक / Date 26.09.2019 Authenticated true copy (अनभप्रमानणत सत्यानित प्रनत) S. S. Rohilla (एस. एस. रोनिल्ला) Dy. Registrar (उि-िंजीयक) 011-26186535 / [email protected] Page 3 of 4 Addresses of the parties:
1. The Central Public Information Officer (CPIO) Central Record Office, Indo Tibetan Border Police Force, Ministry of Home Affairs, East Block-9, R.K Puram, New Delhi-110066
2. The First Appellate Authority (FAA) Central Record Office, Indo Tibetan Border Police Force, Ministry of Home Affairs, East Block-9, R.K Puram, New Delhi-110066
3. Shri Sardara Singh Page 4 of 4