Central Information Commission
Mrmunna Modi vs Central Industrial Security Force on 15 January, 2016
CENTRAL INFORMATION COMMISSION
Club Building (Near Post Office)
Old JNU Campus, New Delhi110067
Decision No. CIC/VS/A/2014/003466/SB
Dated 15.01.2016
Appellant : Shri Munna Modi,
Bramchari Ashram, Dhurva,
Ranchi834004.
Respondent : Central Public Information/Officer,
The D.I.G. Office, CISF,
CISF Office Complex, Boring Road,
Patliputra, Patna13, Bihar.
Date of Hearing : 15.01.2016
Relevant dates emerging from the appeal:
RTI application filed on : 31.05.2014
CPIO's reply : 30.06.2014
First Appeal filed on : 16.07.2014
FAA's order : 05.08.2014
Second Appeal filed on : 07.11.2014
ORDER
1. Shri Munna Modi filed an application dated 31.05.2014 under the Right to Information Act, 2005 (RTI Act) with the Central Public Information Officer (CPIO), Central Industrial Security Force (CISF) seeking information regarding action taken on his letter dated 29.05.2014.
2. The appellant filed second appeal before the Commission on 07.11.2014 on the ground that he was not provided the information sought by him. Hearing:
3. The appellant Shri Munna Modi attended the audio hearing. The respondent Shri S.N. Singh, DIG, CISF attended the hearing through video conferencing.
4. The appellant submitted that no information has been provided to him in response to his RTI application. The appellant submitted that HECL had vide letter dated 08.03.2013 informed him that quarter no. DT 1718 Sector9 was in CISF pool till 05.07.2011. He was also informed that the quarter was not allotted to any employee of CISF at the time of handing over of the quarter back to HECL. In view of this, it can be inferred that CISF was responsible for the unauthorized occupation of the quarter in March 2011. The appellant further submitted that HECL/CISF had allowed unauthorized occupation of the quarter on extraneous consideration. Thus, the matter is covered under provision of Section 24(1) of the RTI Act.
5. The respondent submitted that as per Section 24(1) of the RTI Act, CISF is exempted from the purview of the RTI Act, except when the information pertains to allegations of corruption and human rights violations. Therefore, information has been denied to the appellant. Nonetheless, the appellant was informed vide letter dated 25.01.2013 that the quarter in question has not been allotted to CISF by HECL.
Decision:
6. The Commission heard the submission of both the parties and perused the records. The Commission observes that the RTI application relates to an unauthorized occupation of HECL's quarter no. DT 1718, Sector9 in March 2011. HECL, the owner of the property had informed the appellant vide letter dated 08.03.2013 that prior to 05.07.2011 the quarter was allotted to CISF. The Commission, therefore, directs the respondent to provide information regarding the action taken on the appellant's letter dated 29.05.2014 within a period of four weeks from the date of receipt of a copy of this order.
7. With the above observations, the appeal is disposed of.
8. Copy of decision be given free of cost to the parties.
(Sudhir Bhargava) Information Commissioner Authenticated true copy (V.K. Sharma) Designated Officer