Central Information Commission
Pawan Kothari vs Border Security Force on 24 March, 2026
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग,मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
िशकायत सं या / Complaint No. CIC/BDRSF/C/2024/141236
PAWAN KOTHARI ...िशकायतकता/Complainant
VERSUS
बनाम
CPIO
Border Security Force
Bikaner, Rajasthan ... ितवादीगण/Respondent
Relevant dates emerging from the complaint:
RTI : 08.11.2024 FA : Not on record Complaint : 18.12.2024
CPIO : Not on record FAO : Not on record Hearing : 09.03.2026
Date of Decision: 23.03.2026
CORAM
Chief Information Commissioner: RAJ KUMAR GOYAL
ORDER
1. The Complainant filed an RTI application dated 08.11.2024, before the CPIO, DG- Border Security Force, seeking information as under:
"(A) Case Summary: I am a serving Gazzetted Officer under Indian Audit Dept., also being visually disabled (R/o-7 DOON GHATI AWAS SAMITI, MDDA COLONY, PO DEFENCE COLONY, DEHRADUN-248012). Actionable evidence in the form of call recordings have been produced in front of multiple agencies against accused Satya Prasad Uniyal, ASI (R/o-LANE NO. 3, SAINIK COLONY, DAUDWALA, DEHRADUN) in which he is clearly threatening me to life multiple times, threatening me to visit my office and attack me in front of my superiors, mocking my physical disability, abusing me, Page 1 of 5 Complaint No. CIC/BDRSF/C/2024/141236 commenting on my official capacity, tormenting my father, thereby disturbing peace and security of common citizens.
(B) Action taken so far against the accused:
1. Honb. Uttarakhand Human rights Commission after scrutiny of evidence produced has found accused Satya Prasad Uniyal, ASI guilty of the above said crimes and thereby it is established that the accused Satya Prasad Uniyal, ASI has violated human rights. SSP Dehradun has been ordered for legal action against the accused Satya Prasad Uniyal, ASI. Copy of the order of Honb. Uttarakhand Human rights Commission is attached for your reference.
2. Since the crime has been committed by the accused Satya Prasad Uniyal, ASI against visually disabled, Honb. Commission for Disabled, Uttarakhand has ordered SSP Dehradun for investigation against the accused Satya Prasad Uniyal, ASI. Copy of the order of Honb. Commission for Disabled, Uttarakhand is attached for your reference.
(C) Position of Rule regarding furnishing of information under RTI: As per Section 24, Chapter VI of RTI Act 2005, in case of human rights violation, security agencies are bound to reply RTI. Order of Honb. Uttarakhand Human rights Commission establishes the fact that the accused Satya Prasad Uniyal, ASI has violated human rights. Therefore BSF Is bound to reply to RTI against the accused Satya Prasad Uniyal, ASI.
(D) Penalty for non-furnishing of Information under RTI: As per Section 20, Chapter V of RTI Act 2005, failure to provide Information under the Act shall attract penalty Now therefore keeping in view Section 24, Chapter VI of RTI Act 2005 read with order of Honb. Uttarakhand Human rights Commission the following Information may please be provided to me at the earllest:
1. Why did the BSF provide me wrong Information on the behalf accused Satya Prasad Uniyal, ASI that the matter is pending in District Court (copy attached)? And now when It is clear that the accused Satya Prasad Uniyal, ASI provided false information to his department, what action has been taken/shall be taken against him? Please provide the reply with supporting evidence.Page 2 of 5 Complaint No. CIC/BDRSF/C/2024/141236
2. Please provide me all the correspondence between the accused Satya Prasad Uniyal, ASI and the BSF HQS.
3. What disciplinary action has been taken against the accused Satya Prasad Uniyal, ASI after the evidence of call recording was produced to the BSF, in which he is clearly threatening me to life multiple times, threatening me to visit my office and attack me in front of my superiors, mocking my physical disability, abusing me, tormenting my father thereby disturbing peace and security of common citizens. If no action has been taken, the reason may please be intimated. If action has been taken, please provide the evidence.
4. Please provide me the list and details of weapons which are in possession of the accused Satya Prasad Uniyal, ASI whether departmental or personal. Also clarify whether service weapons are allowed to be taken by the accused Satya Prasad Uniyal, ASI when he is not on duty or when he visits hometown. If yes, list and details of such weapons may please be provided.
5. Please provide me the reason along with evidence of non-attending of police investigation by the accused Satya Prasad Uniyal, ASI on 05-11-2024 in O/o the SSP Dehradun, CO Dalanwala, as mandated by Honb. Commission for Disabled, Uttarakhand. Also clarify why this shall not be treated as contempt of Honb. Commission."
2. The DG (HQ) transferred the RTI Application under Section 6(3) of the RTI Act to the CPIO, BSF, Station HQ, Bikaner, vide letter dated 14.11.2024.
3. Subsequently, the Complainant approached the Commission with the instant Complaint dated 18.12.2024, stating that no information has been provided by the CPIO and that BSF provides false information.
Hearing Proceedings & Decision
4. The Complainant remained absent during the hearing. On behalf of the Respondent, Ajay Luthra, DIG & CPIO attended the hearing through video conference.
5. The Respondent submitted that upon receipt of the RTI Application under transfer from the DG (HQ), a reply dated 18.12.2024 was provided to the Complainant informing Page 3 of 5 Complaint No. CIC/BDRSF/C/2024/141236 that BSF is an exempted organization under Section 24(1) of the RTI Act except in cases involving allegation of corruption and human rights violation. Further, the written submissions dated 03.03.2026 filed by the CPIO was taken record wherein it was additionally informed as under:
"4. Further, it is mention here that it is revealed from the documents/complaint received by 96 Bn BSF from Sh Pawan Kothari and explanation given by ASI(GD) Saya Prasad that this is a family dispute matter which will be disposed of from Hon'ble Court of Law.
5. No. 880035660 ASI (GD) Satya Prakash of 96 Bn BSF has already been proceeded on superannuation retirement from service w.e.f. 31st Jan' 2026 (Order Copy enclosed)."
6. The Commission after adverting to the facts and circumstances of the case, observes that the material on record does not suggest any allegation of corruption or human rights violation in the matter and therefore, the CPIO's reply is found to be as per the provisions of the RTI Act. Further, the reply of the CPIO dated 18.12.2024 coincides with the date of filing of the instant Complaint, while the Complaint alleges non-receipt of reply as well as false information being provided by BSF. In the absence of the Complainant to plead his case or clarify the actual grounds for the Complaint, the Commission finds the instant matter bereft of merit.
7. The Complaint is dismissed accordingly.
A copy of the decision be provided free of cost to the parties.
Sd/-
(Raj Kumar Goyal) (राज कुमार गोयल)
Chief Information Commissioner (मु सूचना आयु )
िदनां क /Date: 23.03.2026
Page 4 of 5 Complaint No. CIC/BDRSF/C/2024/141236
Authenticated true copy
Bijendra Kumar (िबज कुमार)
Dy. Registrar (उप पं जीयक)
011-26186535
Page 5 of 5 Complaint No. CIC/BDRSF/C/2024/141236
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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