Information pertaining to a BSF school was initially denied claiming that the provisions of RTI Act, 2005 are not applicable to it; subsequently, information was provided - Respondent: available information has been provided - CIC: no action required26 Feb, 2014
1. The appellant filed an RTI application on 03.06.2013 seeking information pertaining to a certain BSF school. The Dy. Comm.(Admn.) replied to the appellant on 20.06.2013 and stated that the provisions of RTI Act 2005 are not applicable on this school and returned the requisite fee to the appellant. The appellant filed a second appeal on 17.07.2013 with the Commission.
3. The respondent participated in the hearing through video conferencing.
4. The respondent referred to the RTI application of 03.06.2013 and stated that though the respondent had doubt whether the RTI Act would be applicable on the respondent organization but nevertheless they have provided information to the RTI applicant vide the respondent letter of 20.06.2013.
5. The respondent further explained that the appellant is the spouse of a staff member of the school and that this RTI application has arisen in the background of a court case which was being pursued by the appellant's spouse to maintain the school residence which normally would be available for a limited period of time, generally speaking 5 years, or so, but the appellant's spouse had occupied this since 1981 till about 2005 or 2006 for a period as long as about 25 years.
6. The respondent explained that this was a dispute between the school establishment and the appellant's spouse and it was in this context that this RTI application has been filed and the information as available has been provided to the appellant.
7.The appellant did not participate in the hearing.
8. No further action is required at the level of the Commission. The matter should be treated as closed. The appeal is disposed of. Copy of decision be given free of cost to the parties.
Citation: Shri Sat Dev Sharma v. BSF in Decision No.CIC/SS/C/2013/000333/VS/05914