Central Information Commission
Ram Dutt Mishra 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/2016/000488
Dated 26.05.2017
Appellant : Shri Ram Dutt Mishra,
S-1, 36K/5, Central Jail Road,
Cantt. Varanasi-221002.
Respondent : The Central Public Information Officer,
Directorate General,
Indo Tibetan Border Police Force,
CGO Complex, Block-2, Lodhi Road,
New Delhi-110 003.
Date of Hearing : 26.05.2017
Relevant dates emerging from the appeal:
RTI application : 13.04.2015
CPIO's reply : 22.04.2015
First appeal : 20.05.2015
FAA's order : 01.06.2015
Second Appeal : 22.07.2015
ORDER
1. The appellant filed an application under the Right to Information Act, 2005 (RTI Act) before the Central Public Information Officer (CPIO), Ministry of Home Affairs (MHA) seeking information on six points pertaining to the recruitment of Deputy Judge Attorney General in Indo-Tibetan Border Police Force (ITBP) in 2013 including (i) under which provision/rules, MHA passed the order for review medical examination of one Shri Vivek Mishra, son of the appellant and (ii) details of the officers who gave the order for review medical examination along with the date of the said order.
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2. The appellant filed a second appeal before the Commission on the grounds that the information sought has been incorrectly denied by both the CPIO and the FAA, ITBP, as the information sought relates to corruption in appointments made by ITBP and as per proviso to Section 24 (1) of the RTI Act, the information pertaining to the allegation of corruption shall not be excluded under Section 24(1) of the Act. The appellant requested the Commission to direct the respondent to provide the information sought by him.
Hearing:
3. The appellant was not present despite notice. The respondent Shri Davinder Pal, Senior Administrative Officer (Pers), ITBP was present in person.
4. The respondent submitted that the appellant was informed vide letter dated 22.04.2015 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's son Shri Vivek Mishra had challenged the cancellation of his appointment to the post of Dy. Judge Attorney General, 2013 in ITBP before the Hon'ble Delhi High Court in W.P. No. 178/2016, wherein, the Court, vide order dated 15.12.2016, had dismissed the Writ Petition filed by him.
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 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. Hence, information cannot be provided to the appellant.
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6. With the above observations, the appeal is disposed of.
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