Central Information Commission Room No. 305, 2nd Floor, ‘B’ Wing, August Kranti Bhavan, Bhikaji Cama Place, New DelhiÂ110066 Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/SS/A/2011/000402 Name of Appellant Name of Respondent Date of Hearing : : : Shri Ahmad Ali Khan Central Industrial Security Force 22.09.2011 ORDER Shri Ahmad Ali Khan, the appellant has filed this appeal dated 2.2.2011 before the Commission against the decision of FAA, Central Industrial Security Force (CISF), New Delhi for not providing information to his RTI-request dated 11.11.2010. The matter came up for hearing on 22.09.2011 through videoconferencing. The appellant was represented by Shri Ratnesh Kumar Singh, Advocate at NIC Videoconferencing Facility Centre, Patna, whereas the respondents were represented by Shri A.N. Mahapatra, DIG at NIC Videoconferencing Facility Centre, Kolkata and Shri Ajay Bhatnagar, IG and Shri Ajay Khajuria, Inspector. 2. The appellant filed an RTI-application dated 11.11.2010 seeking information on
three queries– (1) Please provide the authenticated copy of my service book; (2) Please provide
the authenticated copy of the punishment order if any; and (3) Please provide the authenticated copy of the file relating to my departmental proceeding. The CPIO vide letter No. O-
42099/AP(E&NE)/Admn.II/RTI-Corr/10/5065 dated 29.11.2010 denied the information stating that under the provisions of Section 24 of RTI Act, the information sought by him cannot be provided as the CISF is an Armed Force of the Union and thus is exempted from providing information except for the cases of corruption and human rights violation and the information sought does not fall precisely within the ambit of the two categories mentioned above.
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3.
Case No. CIC/SS/A/2011/000402
Aggrieved by the reply of CPIO, the appellant preferred first-appeal dated The FAA vide order No. O-42018/APC/OPS (59)/12)RTI/10-
13.12.2010 before FAA.
13760 dated 30.12.2010 upheld the reply of CPIO. 4. During the hearing the respondent submitted that information regarding appellant’s
genuine grievances pertaining to reasons for drawing salary in a lower scale of pay than his junior was communicated to the appellant on humanitarian ground, without quoting RTI Act, vide letter No. E-31014/ASG (P)/DOCS/MACP/10-4104 dated 13.11.2010. Further as per SR 202 the service record of the individual is presented before the individual every year and it is the responsibility of the individual to verify the details before affixing his signature. On Point No. 1 and 2 of appellant’s RTI-application the respondent submitted that as per appellant’s entitlement the respondent will provide him opportunity but not under the RTI Act. On Point No. 3, the respondent stated that copies of file relating to departmental proceedings, the appellant is not entitled to get these documents. However, during the departmental proceedings, every document has been provided to the appellant. The information sought by the appellant are of administrative nature and do not pertain to human rights violation or corruption, hence the appeal is not maintainable. In his initial petition, he had not made any allegation of corruption or human rights violations. 5. After hearing the parties and perusing the relevant documents in file, the
Commission is of the considered view that the appellant has failed to establish allegation of corruption or human rights violation against the respondent, which is an exempted organization in terms of Section 24 of the RTI Act. Therefore, no interference is called for on the part of the Commission. For redressal of his grievances of administrative nature, the appellant is advised to approach the competent authority of CISF.
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Case No. CIC/SS/A/2011/000402
The matter is accordingly disposed of at the Commission’s end.
(Sushma Singh) Information Commissioner 10.10.2011 Authenticated true copy: (K.K. Sharma) OSD & Deputy Registrar Address of the parties: Shri Ahmad Ali Khan, S/O Late Roz Md. Khan, Head Constable 883080050 C/O Nashir Hussain, Riding Road, Sheikhpura, Patna-800014. The CPIO, Office of the Deputy Inspector General, Airport (E&NE) HQrs Kolkata, Central Industrial Security Force, Premises No. 553, East Kolkata Township, Kasaba, Kolkata-700107 The First Appellate Authority,
Office of the Special Director General/Airport Sector, Central Industrial Security Force, 13, CGO Complex, Lodhi Road, New Delhi-110003.