Central Information Commission
Mrharinarayan Pathak vs Ministry Of Home Affairs on 30 October, 2015
CENTRAL INFORMATION COMMISSION
CLUB BUILDING (NEAR POST OFFICE)
OLD JNU CAMPUS, NEW DELHI110067
Decision No. CIC/VS/A/2014/002045/SB
Dated 30.10.2015
Appellant: Shri Harinarayan Pathak,
Padumpukhuri, Uzanbazar
Guwahati781001
Kamrup (Metropolitan) District Assam
Respondent: Central Public Information Officer,
D.G. Border Security Force
(Personnel Directorate Establish Section),
Block No. 10, 5th Floor, C.G.O. Complex
Lodhi Road, New Delhi110003
Date of Hearing: 30.10.2015
ORDER
1. Shri Harinarayan Pathak filed an application dated 16.12.2013 under the Right to Information Act, 2005 (RTI Act) with the Central Public Information Officer (CPIO), D.G. Border Security Force (BSF) seeking information on three points relating to Shri Sunil Chandra Roy, Subedar, BSF including (i) photocopies of all certificates (Employment Exchange Registration Certificate, OBC or SC certificate, Permanent Resident Certificate etc.), (ii)date of joining of the official in the BSF, and (iii) details of permanent address of the official.
12. The CPIO vide letter dated 01.04.2014 informed the appellant that Border Security Force is an exempted organization under Section 24(1) of the RTI Act. Not satisfied by the reply of the CPIO, the appellant filed first appeal dated 12.04.2014 before the First Appellate Authority (FAA). The FAA upheld the decision of the CPIO. Aggrieved by the order of the FAA, the appellant filed Second Appeal before the Commission on 01.07.2014.
Hearing:
3. The appellant Shri Harinarayan Pathak, attended the hearing through video conferencing. The respondent Shri Ajmal Singh, CPIO and DIG, BSF was present in person.
4. The appellant submitted that no information was provided to him by the respondent in response to his RTI application. The appellant submitted that Shri Sunil Chander Roy had fraudulently obtained a certificate certifying that he belongs to scheduled caste.
5. The respondent submitted that Border Security Force (BSF) has been put at Second Schedule to the Right of Information Act, 2005. Hence, as per provisions of Section 24 of RTI Act, BSF is exempted from the purview of the RTI Act. The respondent however, submitted that due verification in the matter was got done to ascertain the genuineness of the caste certificate issued by D.C., Dhubri, Assam Decision:
6. The Commission directs the CPIO to provide a copy of the report of D.C, Dhubri, Assam regarding the genuineness of the caste certificate issued to Shri Roy to the appellant within a period of four weeks from the date of receipt of a copy of this order.
7. The appeal is disposed of. Copy of decision be given free of cost to the parties.
(Sudhir Bhargava) Information Commissioner Authenticated true copy 2 (V.K. Sharma) Designated Officer 3