Central Information Commission
Vijay Kumar vs Ministry Of Home Affairs on 1 June, 2017
CENTRAL INFORMATION COMMISSION
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi-110066
Decision No. CIC/SB/A/2016/000858
Dated 26.05.2017
Appellant : Shri Vijay Kumar,
H.No. 330, Behlana,
Chandigarh-160003.
Respondent : The Central Public Information Officer,
O/o the DIG,
Indo Tibetan Border Police Force,
Chhawla Camp, Najafgarh Road,
New Delhi-110 071.
Date of Hearing : 26.05.2017
Relevant dates emerging from the appeal:
RTI application : 28.12.2015
CPIO's reply : 31.12.2015
First appeal : 22.01.2016
FAA's order : 13.02.2016
Second Appeal : 27.04.2016
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Transport Battalion, Chandigarh, Indo-Tibetan Border Police Force (ITBP), seeking information on eight points pertaining to the appellant's complaints dated 28.11.2015 and 01.12.2015 including (i) the action taken on the said complaints and (ii) the details of correspondences made in this regard.
2. The appellant filed a second appeal dated 27.04.2016 before the Commission on the grounds that the information sought has not been provided to him by the CPIO, ITBP.
Page 1 Hearing:
3. The appellant was not present despite notice. The respondent Shri Amit Pathak, Assistant Commandant, ITBP attended the hearing through video conferencing.
4. The respondent submitted that the appellant was informed vide letter dated 31.12.2015 that ITBP has been declared an exempt organisation 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 applicable in this matter. The respondent further submitted that the appellant and his relatives had filed numerous cases before different fora including the Hon'ble High Court of Punjab and Haryana, the Session Court, Chandigarh and the Scheduled Caste (SC) and Scheduled Tribes (ST) Commission alleging that the appellant was manhandled, and therefore, human rights violations have been committed by the officers of ITBP. However, all such cases have been dismissed by the respective fora vide the following orders:
• Hon'ble High Court of Punjab and Haryana [W.P. (Criminal) 953/2016 dated 02.08.2016];
• Session Court, Chandigarh- [Civil Suit No. 1201/2016 dated 23.01.2017] and • The SC-ST Commission [6461/2016 dated 24.06.2016].
Decision:
5. The Commission, after hearing the submissions of the respondent and perusing the records, observes that in this case information has been sought from an organisation 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, information cannot be provided to the appellant.
6. With the above observations, the appeal is disposed of.
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7. Copy of the decision be provided free of cost to the parties.
(Sudhir Bhargava) Information Commissioner Authenticated true copy (S.S. Rohilla) Designated Officer Page 3