Monthly salary paid to husband and related information was denied claiming that DRDO is exempt u/s 24 (1) - CIC: Nothing contained in the RTI Act shall apply to the DRDO except for cases where human rights violation and/or corruption are alleged
8 Mar, 2021Information Sought:
The appellant has sought following information in respect of her husband Mr. Subodh Kumar (T.O.):
1. Monthly salary paid to him.
2. Name and address of the bank in which his salary is deposited.
Grounds for Second Appeal
The CPIO did not provide the desired information claiming exemption under Section 24 of the RTI Act.
Submissions made by Appellant and Respondent during Hearing:
The appellant’s representative had shown a duly authorised letter from the appellant in which she authorised her father to represent the case. The CPIO Kanpur reiterated the contents of the letter dated 17.10.2018. The CPIO Delhi also claimed that DRDO is an exempt organisation u/s 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 and hence no information could be given.
Observations:
Both the CPIO and the FAA in their replies denied the information sought on the grounds that DRDO is an exempt organization u/s 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.
Decision
DRDO has been placed in the Second Schedule of the RTI Act vide notification No. GSR 347 dated 28/09/2005 by the 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 except for cases where human rights violation and/or corruption are alleged. In the instant case, no case of human rights violation or corruption has been made out by the Appellant or her representative. In view of this, the Commission upholds the submissions of the CPIO. No further action lies.
The appeal is disposed of accordingly.
Vanaja N. Sarna
Information Commissioner
Citation: Sarika v. DRDO, RTI Cell, Defence Material & Stores Research and Development Establishment in File no.: CIC/DRADO/A/2019/104760, Date of Decision: 28/01/2021