Certified copy of the Note Sheet and Minutes of the Meeting, wherein the decision to rescind the Ministry of Defence Notification number S.R.O. 3 (E) dated the 17.02.2023 was taken and other related information was denied u/s 8(1)(a) - CIC: Denial upheld
17 Oct, 2024Information sought:
The Appellant filed an RTI application dated 20.03.2023 seeking the following information:
“Please refer to The Gazette of India Notification vide No. CG-DL-E17032023-244438 dated 17, March 2023, issued by the Ministry of Defence (F. No. 14 (4)/2023-D (Q&C). In the context of the above Notification, the following information and/or documents be supplied to the undersigned under RTI Act, 2005.
1. Kindly provide the certified copy of the Note Sheet and Minutes of the Meeting, wherein the decision to rescind the Notification of the Government of India in the Ministry of Defence number S.R.O. 3 (E) dated the 17th February 2023, published in the Gazette of India has been taken by the Ministry of Defence.
2. Kindly inform the grounds on which the Notification of the Government of India in the Ministry of Defence number S.R.O. 3 (E) dated the 17th February 2023, published in the Gazette of India has been rescinded by the Ministry of Defence.
3. Please provide the correspondence, if any, in regard to rescinding the Notification of the Government of India in the Ministry of Defence number S.R.O. 3 (E) dated the 17th February 2023, published in the Gazette of India.”
The CPIO furnished a reply to the Appellant on 18.04.2023 stating as under:
“It is intimated that the requisite information is exempted u/s 8(1)(a) Notwithstanding anything contained in this Act, there shall be no obligation to give any citizen, information, disclosure of which would prejudicially affect the sovereignty and integrity of India, the security, strategic, scientific or economic interests of the State, relation with foreign State or lead to incitement of an offence; of RTI Act, 2005.”
Being dissatisfied, the appellant filed a First Appeal dated 24.04.2023. The FAA vide its order dated 17.05.2023, upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Absent.
Respondent: Shri Rajesh Kumar Sah, CPIO-cum-Joint Director, attended the hearing in person.
The Appellant did not participate in the hearing despite being served the hearing notice in advance. The Respondent submitted that a suitable reply in terms of RTI Act has been given to the Appellant vide letter dated 18.04.2023.
Decision:
The Commission after adverting to the facts and circumstances of the case, and perusal of the records, observes that the CPIO has furnished appropriate reply, applying the relevant provision of RTI Act to deny the information. The Appellant has chosen not to contest the case. Considering the fact that there is no legal infirmity in the reply sent by the Respondent, no cause of action subsists in this case under the RTI Act for further adjudication.
The appeal is dismissed accordingly.
Vinod Kumar Tiwari
Information Commissioner
Citation: Vinod Kumar Bakshi v. Ministry of Defence, CIC/DODEF/A/2023/124389; Date of Decision : 05.09.2024