[Order of the Court was made by the HON'BLE THE ACTING CHIEF JUSTICE] This writ petition has been filed praying to issue a writ of certirarified mandamus to quash the order passed by the third respondent, dated 16.02.2012, and consequently to direct the respondents to furnish the documents to the petitioner as per his application dated 25.09.2010, so as to enable him to approach the appropriate Court.
2.The case of the petitioner is that he joined as a Constable in the Central Industrial Security Force in the month of July, 1993, and he was posted at N.T.P.C., Itawa District, Uttarpradesh. The sixth respondent, by order, dated 18.12.1995, awarded punishment of removal from service. The appeal filed by the petitioner before the fifth respondent was also rejected. Thereafter, the petitioner approached the Legal Services Authority for free legal aid and he handed over all the papers to them in the year 1998 to file a writ petition. Since he has not received any information, he approached the Legal Services Authority in the month of August, 2010 and he came to know that no writ petition was filed and the papers handed over to them were not traceable. Therefore, he made a representation to the sixth respondent on 28.09.2010 with a request to furnish the original order of removal and the order of the appellate authority under Right to Information Act. The fifth respondent, vide order, dated 25.10.2010, rejected the request. On appeal, the fourth respondent also rejected the same and on further appeal, the third respondent dismissed the same. Aggrieved over the impugned orders passed by the respondents 3, 4 and 5, the petitioner has come up with the present writ petition, for the aforesaid relief.
3.Heard the learned counsel for the petitioner as well as the learned Assistant Solicitor General of India, appearing for the respondents.
4.The petitioner challenges an order passed under the provisions of the Right to Information Act, 2005. By the impugned orders, the information sought for by the petitioner has been refused to divulge. It is not in dispute that the respondent organisation, namely, Central Industrial Security Force, is an exempted organisation under the provisions of the Right to Information Act and therefore it is not amenable to any provisions contained in the Right to Information Act, by virtue of
Section 24 of the said Act.
5.In the light of the said legal position, the writ petition stands disposed of. No costs.
To
1.The Secretary to Government, Ministry of Home Affairs, Government of India, New Delhi.
2.The Director General, Central Industrial Security Force, CGO Complex, Lodhi Road, New Delhi.
3.The Information Commissioner, Central Information Commission, Room No.305, 2nd Floor, B-Wing, August Kranti Bhavan, Bhikaji Cama Place, New Delhi ? 110 066.
4.The Inspector General/Northern Sector, First Appellate Authority, CISF, NS Head Quarters, Saket, New Delhi ? 110 017.
5.The Deputy Inspector General, Central Industrial Security Force, CISF Campus, Saket, New Delhi ? 110 017.
6.The Group Commandant, Central Industrial Security Force, Allahabad..