Central Information Commission
Mramul Batra vs Ministry Of Home Affairs on 29 March, 2016
CENTRAL INFORMATION COMMISSION
2nd Floor, August Kranti Bhawan,
Bhikaji Cama Place, New Delhi110066
Decision No.CIC/VS/A/2015/000136/SB
Dated 29.03.2016
Appellant : Shri Amul Batra ,
45, Green Avenue,
P.O. Model Town,
Jalandhar, Punjab144003.
Respondent : Central Public Information Officer,
Directorate General Border Security Force
(BSF), Block No.04,
CGO Complex, Lodhi Road,
New Delhi110 003.
Date of Hearing : 29.03.2016
Relevant dates emerging from the appeal:
RTI application filed on : 17.09.2014
CPIO replied on : 10.10.2014
First Appeal filed on : 26.11.2014
FAA's Order on : 17.12.2014
Second appeal filed on : 29.12.2014
ORDER
1
1. Shri Amul Batra filed an application dated 17.09.2014 under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Directorate General, Border Security Force (BSF) seeking information on eight points pertaining to BSF recruitment process for the post of Assistant Commandant (Logistics) which was advertised in Employment News dated 713, December, 2013 including (i) Medical Report of initial medical examination held at Delhi for Amul Batra, Roll No.30728 and the reason for declaring him medically unfit during the initial medical examination and (ii) Medical Report of initial medical examination held at Delhi for Swati Agrawal, Roll No.30212 and the reason for declaring her medically unfit in the initial medical examination.
2. The appellant filed second appeal dated 29.12.2014 before the Commission on the ground that information sought by him has been denied to him both by the CPIO and the FAA taking shelter under Section 24 of the RTI Act, 2005 and requested that information may be provided to him since the matter involves an allegation of corruption and does not involve any secret information which can hamper the security of the organization. Hearing:
3. The appellant Shri Amul Batra was not present despite notice. The respondent Shri Ajmal Singh, DIG, BSF was present in person.
4. The respondent submitted that the information sought by the appellant cannot be provided as the BSF has been exempted from the provisions of the RTI Act as per Section 24(1) of the Act except in cases of corruption or human rights violations which are not involved in the present case. Nonetheless, the respondent submitted that they have no objection in providing information pertaining to the medical report of the appellant and the medical standard followed by the BSF during recruitment.
2 Decision:
5. The Commission 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. Nonetheless, the Commission directs the respondent to provide information on point nos. 1 and 4 of the RTI application to the appellant as the appellant is seeking his own medical report and the medical standards followed by the BSF within a period of two weeks from the date of receipt of a copy of this decision.
6. With the above observation, the appeal is disposed of.
7. Copy of decision be given free of cost to the parties.
(Sudhir Bhargava) Information Commissioner Authenticated true copy (V.K. Sharma) Designated Officer 3