"Human Rights" approach to Sec 24 exempted organisations...

[karira]

In a recent order of the CIC, a matter came up regarding payment of pension and promotion in DRDO, an organisation exempt under Sec 24 of the RTI Act.

Although the appellant correctly said that DRDO was exempt under Sec 24 except for Human Rights and Corruption cases, he quoted extensively from the International Covenants on Civil, Political, Economic, Social and Cultural Rights.

However, CIC dismissed part of the case (the other part was withdrawn by the appellant) because the applicant did not claim Human Right violation in his application or the First Appeal.

However, on examination of the record we find that there is, in fact, no
allegation of human rights violation either in the original application of 9-11-06 or in the first appeal of 6-1-07. This issue has only been raised in support of appellant’s plea for promotion in his second appeal before us, but not as an allegation of human rights violation. As will be seen from the quotation above, the prayer before us makes no allegation of human rights violation.
Under the circumstances we cannot see in what way the proviso to
section 24 (1) can be invoked in a matter of routine human resources
management of the DRDO, an institution that is clearly outside our jurisdiction as per Section 24 (1).This Appeal being unsustainable under the RTI Act 2005 is, therefore, dismissed.

Therefore, important to note that if one is asking for information from organisations exempt under Sec 24, they should clarify in application, first appeal as well as the second appeal about Human Rights or Corruption.

http://cic.gov.in/CIC-Orders/WB-17092008-02.pdf