Central Information Commission
Mr.Umanand Sharma vs Ministry Of Home Affairs on 30 August, 2013
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2012/003614
August 30, 2013
Appellant : Shri Umanand Sharma
Respondents : Ministry of Home Affairs
Date of Hearing : 30.08.2013
ORDER
The present appeal, filed by Shri Umanand Sharma against Ministry of Home Affairs (Internal Security), was taken up for hearing on 30.08.2013 when the Respondents were present through Shri S.K. Chhikara. The Appellant was present in person.
Facts of the case:
2. The Appellant filed an RTI application dated 20.01.2012 before the CPIO, Ministry of Home Affairs, New Delhi wherein he referred to the letters dated 27.12.2011 and 28.06.2011 of MHA and DGCA respectively informing the Appellant as follows:
CIC/SS/A/2012/003614 Page 1 of 4 2 "It is intimated that your request for operation of Microlight Aircraft cannot be acceded from security point of view."
In this context the Appellant wanted to know from the CPIO as to why he had been denied security clearance, and what is he supposed to do to obtain the same.
3. The CPIO vide his letter dated 14.02.2012 declined the disclosure of information to the Appellant citing exemption under sections 8(1)(a), 8(1)(g) and 8(1)(h) of the RTI Act. The CPIO also stated that information sought relates to an exempt organization, listed in second schedule of the RTI Act.
4. The Appellant, being aggrieved by the reply of the CPIO, filed an appeal dated 17.04.2012 before the Appellate Authority which the Appellate Authority decided vide his order dated 16.05.2012 recording that "the denial on which the Ministry of Home Affairs based its recommendations are inputs of organizations exempted under Section 24 of the RTI Act read with Schedule II. Hence the details as sought by the Appellant are exempted from the purview of the RTI."
5. Aggrieved by the order of the Appellate Authority, the Appellant filed the present appeal before the Commission Decision:
6. During the hearing the Appellant states that he wants to know as to why he has been denied the security clearance for manufacture, purchase, operation etc. of microlight aircraft by the DGCA/MHA. The Respondents, while explaining the procedure, inform the Commission that the application/request for security clearance are sent by DGCA to MHA, which, in turn, seeks inputs from Intelligence Agency and that on receipt of inputs from the latter it (MHA) conveys the decision to DGCA which DGCA conveys to 2 the applicant concerned. They inform that in this case the Appellant was denied the security clearance for security reasons, which were based upon the inputs received from the Intelligence Agency, which is an exempt organization under section 24 read with second schedule of the RTI Act.
7. Having heard the submission of the parties and perused the records, the Commission notes that that Appellant here has a grievance against the public authority for not granting the security clearance (for the purpose mentioned in the RTI application) to him which cannot be considered under the RTI Act as it lies beyond the purview of the RTI Act. The Appellant is thus advised to approach the appropriate forum for redressal of his grievance, if he so desires.
8. Appeal is disposed of accordingly.
(Sushma Singh) Information Commissioner Authenticated by (D.C. Singh) Deputy Registrar CIC/SS/A/2012/003614 Page 3 of 4 4 Address to the parties:
1. Shri Umanand Sharma Hindustan Aeronautics Ltd.
Aircraft Research & Mass Properties Group 5743/8740282, Old Airport Road Marathahalli Post Bangalore 560037
2. The Central Public Information Officer (RTI) & Director (Internal SecurityI) Ministry of Home Affairs North Block New Delhi 110001
3. The Appellate Authority (RTI) & Joint Secretary (Internal SecurityI) Ministry of Home Affairs North Block New Delhi 110001 4