File No. CIC/SD/A/2016/000102. Case: Ashok Kumar Vs CPIO, DRDO Instruments R & D Establishment. Central Information Commission

Case Number:File No. CIC/SD/A/2016/000102
Party Name:Ashok Kumar Vs CPIO, DRDO Instruments R & D Establishment
Judges:Divya Prakash Sinha, Information Commissioner
Issue:Right To Information Act, 2005 - Sections 24, 24(1), 7
Judgement Date:January 11, 2017
Court:Central Information Commission
 
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Court Information Central Information Commission Cases
Judgment Date 11-Jan-2017
Party Details Ashok Kumar Vs CPIO, DRDO Instruments R & D Establishment
Case No File No. CIC/SD/A/2016/000102
Judges Divya Prakash Sinha, Information Commissioner
Acts Right To Information Act, 2005 - Sections 24, 24(1), 7

Decision

Divya Prakash Sinha, Information Commissioner

Information sought:

1. The Appellant sought information through 7 points regarding the appointments made between the years 2000 and 2015 on the basis of Limited Departmental Competitive Exam.

Grounds for the Second Appeal:

2. The CPIO has not provided the desired information.

Relevant Facts emerging during Hearing:

3. The following were present:-

Appellant: Present through VC.

Respondent: Gulab Singh Negi, Technical Officer 'B' & CPIO, DRDO Instruments R & D Establishment, Dehradun present through VC.

4. Appellant stated that he has been denied information invoking Section 24(1) of the RTI Act which keeps DRDO out of the purview of the RTI Act. He further stated that the issue on which he has sought information is related to corrupt practices in the organisation and he has every right to seek information from DRDO.

5. CPIO submitted that DRDO is exempt from providing information under Section 24(1) of RTI Act unless it pertains to allegations of corruption and human rights violations.

Decision

6. The Commission observes that the DRDO has been placed in the Second Schedule of the RTI Act vide notification No. GSR 347 dated 28/09/2005 by Central Government in exercise of the power conferred by sub-section 2 of Section 24 of the RTI Act. In view of this, nothing contained in this Act shall apply to the DRDO. Section 24(1) of the Act is reproduced below:

(1) Nothing contained in this Act shall apply to the intelligence and security organisations specified in the Second Schedule, being organisations established by the Central Government or any information furnished by such organisations to that Government:

Provided that the information pertaining to the allegations of corruption and human rights violations shall not be excluded under this sub-section:

Provided further that in the case of information sought for is in respect of allegations of violation of human rights, the information shall only be provided after the approval of the Central Information Commission, and notwithstanding anything contained in Section 7, such information shall be...

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