Reasons for denial of security clearance for manufacture, purchase, operation of microlight aircraft - information was denied u/s 8(1)(a), 8(1)(g) and 8(1)(h) - inputs from organizations included Schedule II exempt - CIC: grievance cannot be considered
1. The Appellant filed an RTI application dated 20.01.2012 before the CPIO, Ministry of Home Affairs, New Delhi wherein he referred to the letters dated 27.12.2011 and 28.06.2011 of MHA and DGCA respectively informing the Appellant as follows: “It is intimated that your request for operation of Microlight Aircraft cannot be acceded from security point of view.” In this context the Appellant wanted to know from the CPIO as to why he had been denied security clearance, and what is he supposed to do to obtain the same.
2. The CPIO vide his letter dated 14.02.2012 declined the disclosure of information to the Appellant citing exemption under section 8(1)(a), section8(1)(g) and section8(1)(h) of the RTI Act. The CPIO also stated that information sought relates to an exempt organization, listed in second schedule of the RTI Act.
3. The Appellant, being aggrieved by the reply of the CPIO, filed an appeal dated 17.04.2012 before the Appellate Authority which the Appellate Authority decided vide his order dated 16.05.2012 recording that “the denial on which the Ministry of Home Affairs based its recommendations are inputs of organizations exempted under Section 24 of the RTI Act read with Schedule II. Hence the details as sought by the Appellant are exempted from the purview of the RTI.”
4. Aggrieved by the order of the Appellate Authority, the Appellant filed the present appeal before the Commission
5. During the hearing the Appellant states that he wants to know as to why he has been denied the security clearance for manufacture, purchase, operation etc. of microlight aircraft by the DGCA/MHA. The Respondents, while explaining the procedure, inform the Commission that the application/request for security clearance are sent by DGCA to MHA, which, in turn, seeks inputs from Intelligence Agency and that on receipt of inputs from the latter it (MHA) conveys the decision to DGCA which DGCA conveys to the applicant concerned. They inform that in this case the Appellant was denied the security clearance for security reasons, which were based upon the inputs received from the Intelligence Agency, which is an exempt organization under section 24 read with second schedule of the RTI Act.
6. Having heard the submission of the parties and perused the records, the Commission notes that that Appellant here has a grievance against the public authority for not granting the security clearance (for the purpose mentioned in the RTI application) to him which cannot be considered under the RTI Act as it lies beyond the purview of the RTI Act. The Appellant is thus advised to approach the appropriate forum for redressal of his grievance, if he so desires.
Citation: Shri Umanand Sharma v. Ministry of Home Affairs in Case No. CIC/SS/A/2012/003614