Information about the strength of the CRPF was not provided citing security reasons and claiming exemption u/s 8(1)(a) and section 24(1) - CIC: in the absence of any corruption charges or human rights violation the disclosure is not warranted
10 Jul, 2014ORDER
Facts
1. The appellant filed an application dated 23.01.2013 under the RTI Act seeking information regarding details of officers, occupied posts, vacant posts, adjusted posts, procedures to fill vacancies, etc. CPIO responded on 14.03.2013. Appellant filed first appeal with the first appellate authority (FAA) on 23.01.2013. Copy of FAA’s order is not enclosed. Appellant filed this present appeal on 14.08.2012.
Hearing
2. Appellant and respondent were present before the Commission.
3. Appellant referred to the RTI application and stated that he was seeking information regarding details of officers, occupied posts, vacant posts, adjusted posts, procedures to fill vacancies, etc.
4. Appellant stated that his main focus was on point 1 of the RTI application.
5. Appellant stated that in LPA no. 744 of 2011 in the High Court of Punjab and Haryana, in Director General of Police vs Chief Information Commission Haryana, it was held that if such information, i.e., about vacancies is disclosed, it will lead to transparent administration and in the dispelling of favouritism, nepotism or arbitrariness. Appellant stated that he had sought similar information in the present case and the High Court in the above mentioned case had allowed disclosure of the same, therefore, in the present case information on point 1 of the RTI Act should be disclosed.
6. Respondent stated that their organisation is exempted under Chapter VI section 24(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: 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: of the RTI Act except for allegations of corruption and human rights issues, however, they had provided information on various points of the RTI application. Respondent stated that they had provided the appellant the procedure about recruitment.
7. Respondent stated that the information sought by the appellant on point 1 of the RTI application, i.e. about the strength of the force could not be provided to the appellant in view of security reasons. Respondent stated that the effect of the High Court judgement cited by the appellant was confined to the specific case. Respondent also stated that the organisation mentioned in the High Court judgement could not be equated with the organisation of the respondent. Respondent stated that their organisation dealt with sensitive national security issues and postings in dangerous terrains for purposes of fighting terrorism and left wing extremism, therefore, disclosing the particulars about the strength of the force would be detrimental to the national security.
8. Respondent further stated that the information sought by the appellant was exempted under section 8 (1)(a) of the RTI Act and section 24(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: 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: of the Act.
9. The respondent said that the appellant had not mentioned any specific instance for corruption in the recruitment of the post mentioned in the RTI application. In the absence of any corruption charges or human rights violation the respondent is not required to disclose sensitive information to the appellant for security reasons. Further, the judgement cited by the appellant is only for specific case.
10. The action taken by the respondent is in conformity with the RTI Act.
Decision
11. Order of FAA is upheld. The appeal is disposed of. Copy of decision be given free of cost to the parties.
(Vijai Sharma)
Information Commissioner
Citation: Shri Harinder Dhingra v. D.G.Office CRPF in Decision No.CIC/SS/A/2013/002013/VS/06975