FIRST APPEAL U/S 19(1) OF Right to Information Act, 2005
To,
Shri Suranjan 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/101/69/Letter_2013 dated 29 October 2013 issued by CPIO, DMSRDE, Kanpur
Sir,
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.
1. Details of appellant:-
2. Details of Central Public Information Officer (CPIO):-
3. Particulars of Decision/Order of CPIO against which appeal:-
Decision vide letter No. DMS/0369/RTI/101/69/Letter_2013 dated 29 October 2013 received by appellant on 04 November 2013. Copy enclosed as Enclosure -1.
4. Brief facts leading to appeal:-
(a) An application under Section 6(1) of RTI Act 2005 dated 04 October 2013 was submitted to CPIO, DMSRDE, Kanpur for providing information regarding “Parking“. Copy of the RTI Application dated 04 October 2013 is enclosed as Enclosure-2.
(b) Central Public Information Officer, DMSRDE, Kanpur rejected the application u/s 24(1) of RTI Act 2005 vide letter No. DMS/0369/RTI/101/69/Letter_2013 dated 29 October 2013 although it was clearly mentioned in RTI application that required information is directly related to the allegations of Corruption and not come under Schedule-II.
(c) It was clearly mentioned in RTI application dated 04 October 2013 that “Central Information Commission 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”.
(d) In point (c) (1) of reply dated 29 October, 2013 CPIO informed that “Director, DMSRDE, Kanpur has not ordered for construction of any vehicle parking stand inside DMSRDE not being constructed”. It was also mentioned “Other information related to vehicle stand are also irrelevant and not applicable”.
(e) In point (d)(2) of reply dated 29 October, 2013 CPIO informed that “Regarding CSD Canteen, its functioning has started from 21st April 1977 and running continuously. The other information asked has no relevance with the allegations of Corruption. It is a social welfare activity and run in authorized manner with manually agreed terms & conditions of DMSRDE and MES office of, DMSRDE, Kanpur”.
(f) CPIO, DMSRDE, Kanpur rejected the RTI application dated 04 October 2013 on invalid, illegal, ultra vires & false reasons with malafide 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 CPIO, DMSRDE, Kanpur attracts action on CPIO u/s 20 of RTI Act 2005.
(g) Appellant is intensely upset by the decision of CPIO, 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 04 October 2013 under Section 6(1) of RTI Act 2005 to CPIO, DMSRDE, Kanpur for providing information as mentioned in application dated 04 October 2013 enclosed as Enclosure 2 to this FA.
(c) Information was denied by CPIO, 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 04 October 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 as information sought is related to Establishment Matter and allegations of Corruption.
(e) Information was denied on false and illegal grounds with malafide intentions to harass the appellant for getting the information.
(f) CPIO 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 CPIO, DMSRDE, Kanpur, hence the First Appeal u/s 19(1) of RTI Act 2005 before FAA.
6. Prayer /relief sought for:-
- Information sought vides RTI Application dated 04 October 2013 by appellant has been denied on false and invalid reasons by CPIO, DMSRDE, Kanpur. Therefore, appellant kindly prays to FAA, DRDO to allow this appeal and issue instructions/orders to CPIO, DMSRDE, Kanpur to provide the information sought as seek by appellant vide his RTI Application dated 04 October 2013.
- Direction may kindly be issued to CPIO, DMSRDE, Kanpur to work as per provisions of RTI Act 2005 and guidelines established in CIC decisions.
- 7. Grounds for prayer/relief sought for:-
- 1. CIC decisions on notified organizations 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) Information sought in RTI Application dated 03 August 2013 was pertaining to Establishment Matter
(v) 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)
(vi) In these decisions CIC decided that “Immunity granted u/s 24(1) is only for scientific & strategic Information only. All other