FIRST APPEAL U/S 19(1) OF Right to Information Act, 2005To, Shri Surjan Pal, OS & Director DECS, First Appellate Authority, DRDO RTI Cell, Room No. 240/B, DRDO Bhawan, Rajaji Marg New Delhi-110011
Subject: First Appeal under Section 19(1) of RTI Act 2005
Reference: Letter No. DMS/0369/RTI/101/39/Letter_2013 dated 20 August 2013 issued by PIO, DMSRDE, Kanpur
I am distressed by above referred decision of Public Information Officer, DMSRDE, Kanpur. I hereby submit this appeal u/s 19(1) of RTI Act 2005 for your kind consideration & decision.
- Details of appellant:-
|Name||Prabhu Dayal Dandriyal|
2. Details of Public Information Officer (PIO):-
|Name & Rank||Shri Sarvesh Kumar , Scientist ‘F ‘|
|Address||DMSRDE GT Road Kanpur-208013|
3. Particulars of Decision/Order of PIO against which appeal:-
Decision vide letter No. DMS/0369/RTI/101/39/Letter_2013 dated 20 August 2013. Copy enclosed as Enclosure -1.
4. Brief facts leading to appeal:-
(a) An application under Section 6(1) of RTI Act 2005 dated 17 July 2013 was submitted to PIO, DMSRDE, Kanpur for providing information regarding GSQRs of Bullet Proof Jacket (BPJ). Copy of the RTI application dated 17 July 2013 is enclosed as Enclosure-2.
(b) Public Information Officer, DMSRDE, Kanpur rejected the application u/s 24(1) of RTI Act 2005 vide letter No. DMS/0369/RTI/101/39/Letter_2013 dated 20 August 2013 although it was clearly mentioned as Note in RTI application that required information is directly related to the corruption and not come under Schedule-II.
(c) PIO, DMSRDE, Kanpur rejected the RTI application dated 17 July 2013 on invalid, illegal, ultra vires & false reasons with mala-fide intentions to linger on the process of seeking information with an ulterior motive under direction of Director, DMSRDE, Kanpur (The Public Authority). This act of PIO, DMSRDE , Kanpur attracts action on PIO u/s 20 of RTI Act 2005.
(d) Appellant is intensely upset by the decision of PIO, DMSRDE, Kanpur and this leads to appellant to file an appeal u/s 19(1) of RTI Act 2005.
- 5. Reasons/Grounds for First Appeal:-
First Appeal is submitted to First Appellate Authority on following reasons/grounds.
(a) Under the provisions of section 24(1) of RTI Act 2005 the organisation notified under II Schedule of the Act are exempted from the information except when the information pertained allegations of corruption and human rights violations only.
(b) Appellant submitted an application dated 17 July 2013 under section 6(1) of RTI Act 2005 to PIO, DMSRDE, Kanpur for providing information as mentioned in application dated 17 July 2013 enclosed as Enclosure 2 to this FA.
(c) Information was denied by PIO, DMSRDE, Kanpur on the ground that “DRDO is placed in Second Schedule of RTI Act, 2005 and is exempted from disclosure of Information under Section 24(1) except for information pertaining to the allegations of Corruptions and Human Rights Violations“.
(d) The information sought by the appellant vide his application dated 17 July 2013 does not comes u/s 24(1) of the Act as per consistent views and decisions of Central Information Commission in various cases regarding organisation notified in Schedule II like DRDO.
(e) Information was denied on false and illegal grounds with mala fide intentions to harass the appellant from getting the information.
(f) PIO is not aware of recent views and decisions of CIC regarding DRDO (notified organisation under Schedule II), thereby he misused section 24(1) of the Act for denial of Information.
(g) Appellant is deeply distressed by invalid decision of PIO, DMSRDE, Kanpur, hence the First Appeal u/s 19(1) of RTI Act 2005 before FAA.
6. Prayer /relief sought for:-
Information sought vide RTI Application dated 17 July 2013 by appellant has been denied on false and invalid reasons by PIO, DMSRDE, Kanpur. Therefore, appellant kindly prays to FAA, DRDO to allow this appeal and issue instructions/orders to PIO, DMSRDE, Kanpur to provide the information sought as seek by appellant vide his RTI Application dated 17 July 2013.
7. Grounds for prayer/relief sought for:-
1. CIC decisions on notified organisations under Schedule II of
RTI Act 2005 like DRDO
(i) CIC in its various decisions consistently held that Establishment Matters relating to the organization notified u/s 24 of the RTI Act come within the purview of the Act and information in this regard thereto are not exempted from disclosure.
(ii) CIC in its various decisions clarified that the exemption u/s 24(1) for DRDO (notified organisation under Schedule II) is only for Scientific/Technical/Strategic/national security information and not for the information of General nature/Estt. Matters/ Routine Correspondence/ all other information for which exemptions u/s 24(1) are not allowed.
(iii) These decisions of CIC are binding on all notified organisation under Schedule II, as these decisions of CIC has not been challenged till date in any court.
(iv) In this regard following decisions of CIC are listed for your kind information and consideration.
- CIC/LS/A/2012/002612 dated 22.03.2013 (Dr. Neelam Bhalla Vs DRDO)
- CIC/LS/A/2009/001073 dated 17.2.2010 (Navin Praksh Gupta Vs DRDO)
- CIC/LS/A/2012/002487 dated 31.12.2012 ( Ms. Savitha Vs DRDO)
- CIC/LS/A/2010/000107 dated 26.4.2010 (Ms. K. Surya Kumari Vs DRDO)
- CIC/SM/C/2008/00054/LS dated 29.01.2010 (Shri Prabhat Vs DRDO)
- CIC/LS/A/2010/001277 dated 2.3.2010 (Ram Manohar Singh Vs. DRDO)
- CIC/LS/A/2012/002599 & CIC/LS/A/2012/002146 dated 01.11.2012 (Virender Kumar Vs DRDO)
- CIC/LS/C/2012/001204 dated 9.8.2012 (Rajiv Chauhan Vs DRDO)
- CIC/SM/A/2009/001014/LS dated 09.11.2009 (Navin Prakash Gupta Vs DRDO)
- CIC/LS/A/2009/001073 dated 17 Feb 2010 (Navin Prakash Gupta Vs DRDO)
- CIC/SM/C/2009/00794, CIC/LS/A/2010/00015, CIC/LS/C/2010/000076 dated 18 June 2010 (Navin Prakash Gupta Vs DRDO)
(v) In these decisions CIC decided that “Immunity granted u/s 24(1) is only for scientific & strategic Information only“. All other information should be provided by all organisation notified under second schedule of the Act”.
2. Subject/nature of information sought is already in public domain and not related to strategic/national security/scientific /technical matters
Various GSQRs, their detail specifications, cost of BPJ, requirement of Army for BPJ, Tenders for procurements of BPJ & their purchase details are already in public domain by means of Parliamentary Reports, Parliamentary Questions, Print & Electronic media, various reports from MOD etc. Hence information sought is not confidential/secret. Besides these the information sought is not pertaining to strategic/national security/scientific/technical matters.
3. Information sought is related to Estt. Matter/General Routine nature/ Routine correspondence and permissible / allowed by CIC, even after the fact “DRDO is notified organisation under Schedule II”, in various decisions against DRDO.
4. Information sought is also related to allegations of corruption as already mentioned in RTI application dated 17 July 2013 and having angle of vigilance as per CVC Act. Under the provisions of Section 24(1) of the Act, the information should be pertaining to allegations of corruption only. No evidences or proofs of corruption are required for seeking information related to corruption as per RTI Act 2005. Instead the onus is on PIO to establish that information sought is not having vigilance angle and pertaining to allegation of corruption.
I hereby state that the information and particulars given above are true to the best of my knowledge and belief.Prabhu Dayal Dandriyal 21-Sunderwala, Raipur Dehradun-248008 Landline -0135-2787750 Mobile – 9411114879 Email – email@example.com Website – www.corruptionindrdo.com
Date: 07th September, 2013 Enclosure: two
(1) Letter from PIO, DMSRDE dated 20 Aug 2013
This is with reference to Parliamentary Standing Committee on Defence Report 2009-10 and 2010-11, News published in print/electronic media in May 2012 and DRDO Newsletter Issue of April 2012 regarding Development of Bullet Proof Jacket (GSQR-1318) by DMSRDE, Kanpur. Kindly provide the following information under RTI Act 2005.
- How many GSQRs (General Staff Qualitative Requirement) for development of Bullet Proof Jacket (BPJ) have been issued to DMSRDE, Kanpur (DRDO) by AHQ (Army) till date?
- Provide all GSQR numbers given by AHQ for development of BPJ to DMSRDE, Kanpur.
- Provide the copies of sanctioning letter issued from AHQ to DRDO for these GSQRs for development of BPJ by DMSRDE.
- Provide total expenditure incurred in development of Bullet Proof Jacket in DMSRDE right from sanctioning of first GSQR for BPJ up to present(current) GSQR for BPJ in following format:
(i) GSQR No.
(ii) Date of sanction
(iii) Date of closure/completion
(iv) Expenditure incurred
- How much amount has been expenditure in DMSRDE in creation & setup of the facilities and infrastructure development for R&D of BPJ under these GSQRs given by AHQ to DMSRDE till date?
Note: – above required information is directly related to corruption and not come under schedule – II
It is observed that DRDO is denying 99% RTI request under shadow of Schedule – II. This RTI request is directly related with corruption. I do hereby declare that I am the citizen of India. Kindly provide me with the information at the address mentioned with the application. I request you to ensure that the information is provided before expiry of 30 day period after you have received the application.
Enclosed – Rs 10 Postal Order No 98E 528555
RegardsPrabhu Dayal Dandriyal 21-Sunderwala, Raipur,Dehradun-248008 Phone – 0135- 2787750, Mobile- 9411114879, e-mail id firstname.lastname@example.org website – www.corruptionindrdo.com