Central Information Commission
Shri Bishwanath Kapri, Darbhanga vs Central Bureau Of Investigation (Cbi) on 5 October, 2009
CENTRAL INFORMATION COMMISSION
Appeal No. CIC/WB/A/2008/00866 dated 9-5-2008
Right to Information Act 2005 - Section 19
Appellant: Shri Bishwanath Kapri, Darbhanga
Respondent: Central Bureau of Investigation (CBI)
Decision announced: 5.10.2009
FACTS
By an application of 30-11-07 Shri Bishwanath Kapri of Laxmi Sagar Colony, Darbhanga, Bihar applied to the SP, CBI, Patna seeking the following information:
"1. Is original joining report of Ex. PP/ B. N. Kapri/CBI/ ACB/ Patna in the month of May 2004 is available with Personal File of Shri B. N. Kapri maintained at Patna?
2. Is leave application of EL in original taken in the month of July 2004 of Shri Kapri available with Personal File of Shri B.N. Kapri maintained at Patna?
3. Is there any other leave application of Shri Kapri in original, available in his personal File from May 2004 to April 2005 maintained at Patna?
4. Please provide number of notings with dates from May 2004 to April 2005 of the Personal File of Shri B. N. Kapri maintained at Patna.
5. Please provide the details of papers with their descriptions available in Personal File of Shri B. N. Kapri from May 2004 to April 2005 maintained at Patna.
6. That on which date of July or August or September 2006, the promotion transfer posting order of Shri A. H. Khan/ PP/ SCB/ Lucknow was received by you. Later on, it was detected fake. Did you register FIR or not?
7. Please provide the copy of the said fake promotion transfer posting order.
8. Please provide the copy of all entries made in the personal file of Shri B. N. Kapri, maintained at Patna from May 2004 to April 2005.
9. Please provide the copy of all entries made in the service book of Shri Kapri, if available with you.
10. What is the date of birth of Shri Kapri in his service book?"
To this Shri Bishwanath Kapri received a point-wise response from SP, CBI, Patna dated 7-1-08 refusing information on all points either u/s 8 (1) (h) or 8 (1) (j) of the RTI Act. Appellant Shri Bishwanath Kapri then moved an appeal before DIG, CBI, RR, Ranchi who gave the following direction:
1"1. CPIO is directed to furnish copy of document/ papers containing information of Para 1 to 5 and Para 8 if available with his office;
2. "CPIO is directed to provide the documents/ papers of promotion transfer posting order of Shri A. H. Khan, if available with the branch;"
But in case of points 9 &10
3. "Exemption sought u/s 8 (1) (h) of RTI Act by CPIO appears to be reasonable and CPIO has rightly sought exemption u/s 8 (1) (h) of RTI Act.""
Consequently, in his letter of 15-4-08 SP, CBI, ACB, Patna wrote a note to appellant as follows:
S. No. Information sought Reply
1. Is original joining report of Personal File of Shri B. N. Shri B. N. Kapri in the Kapri is missing in which month of May 2004 is personal matters of Shri B. N. available in Personal File of Kapri was dealt with w.e.f. his Shri B. N. Kapri? joining in CBI, ACB, Patna on 17.5.2004 till May 2005. Shri B. N. Kapri was also aware about missing of the file. The original joining report of Shri B. N. Kapri in the month of May 2004 is not available in Personal File of Shri B. N. Kapri.
2. Is leave application of EL in As Personal File of Shri B. N. original taken in the month Kapri for the period 17.5.2004 of July 2004 of Shri Kapri to May 2005 is missing, the available with Personal File leave application of Shri B. N. of Shri B.N. Kapri? Kapri for the month of July 2004 is not available with this office.
3. Is there any other leave application of Shri Kapri in original, available in his -Do-
personal File from May
2004 to April 2005
maintained at Patna?
4. Please provide number of The Personal File of Shri B.
notings with dates from May N. Kapri for the period
2004 to April 2005 of the 17.5.2004 to May 2005 is
Personal File of Shri B. N. missing.
Kapri at Patna.
2
5. Please provide the details of The Personal File of Shri B.
papers with their N. Kapri for the period
descriptions available in 17.5.2004 to May 2005 is
Personal File of Shri B. N. missing
Kapri from May 2004 to
April 2005 maintained at
Patna.
6. That on which date of July The promotion transfer
or August or September positing order of Shri A. H.
2006, the promotion transfer Khan PP. SCB Lucknow was
posting order of Shri A. H. received in this office on
Khan. PP. SCB, Lucknow 4.9.2006. Matter has been was received by you. Later pursed with HQ, CBI, New on, it was detected fake. Delhi for ascertaining the Did you register FIR or not? genuineness of the above said order.
7. Please provide the copy of Photocopy of the said fake the said fake promotion promotion-transfer positing transfer posting order. order, as received in this office, is enclosed herewith.
8. Please provide the copy of Copy of all entries made in all entries made in the the Service Book of Shri B. N. Service Book of Shri B. N. Kapri cannot be provided as Kapri. the Service Book of Shri B. N. Kapri has been seized in RC.
8 (S)/07 Pat. And the case is under active investigation.
Exemption form disclosure is claimed u/s 8 (1) (h) of RTI Act, 2005.
This has brought the appellant Shri Kapri in his second appeal before us with the following prayer:
"Respondent No. 1 be directed to provide information's/ documents as annexure- 'a' (Sl. No. 1 to 10 of the Para E of this appeal application)."
Shri Bishwanath Kapri has, in this appeal, submitted that:"Respondent No.1 1 had not taken any plea before the respondent No. 2 as the personal file of the appellant is missing. That tantamount that there is some fishy about it"
and has gone on to plead as follows:
"That the respondent No. 1 has disobeyed law, framed incorrect document, made false declaration. Therefore, he may be 1 CPIO Shri Dipendra Kashyap SP 3 prosecuted for offences u/s 166, 167, 191, 420 IPC and other offences."
The appeal was heard through video-conferencing on 5-10-2009. The following are present.
Respondents at NIC Studio Patna/Lucknow Shri Dipendra Kashyap, SP, CBI, Patna.
Shri Javed Ahmed, Jt. Director, CBI, Lucknow Although informed of the date of hearing through our notice of 22-9-09 appellant Shri Kapri opted not to be present. Respondent Shri Javed Ahmed, Jt. Director, CBI (Lucknow) submitted that this was a case in which there was suspected forgery of birth dates by Shri Kapri, former Sr. PPS with the CBI in Patna. That for these reasons the documents concerning correspondence and record of birth had been sought to be exempted from disclosure u/s 8 (1)
(h) since at that stage the matter was under investigation. Now the case stands charge sheeted from 12-8-08 and prosecution is proceeding. However, the personal file of Shri Kapri has in the meantime gone missing and despite the CPIO's best intention is not accessible for disclosure. On the other hand Shri Javed Ahmed submitted that the service book of appellant Shri Kapri is available. CPIO Shri Dipendra Kashyap, SP, CBI, Patna explained that the service book which contains the suspect entries has now been submitted before the trial court.
DECISION NOTICE From the above it is clear that several of the documents sought by appellant Shri Kapri have gone missing which surely is a failure on the part of the CBI Office in Patna. CPIO Shri Dipendra Kashyap will, therefore, enquire into the matter, fix responsibility and initiate action against the defaulting officer for the misplacement of records. On the other hand the two questions regarding service book which is now held by the trial court will, u/s 6 (3) (i) be transferred to the CPIO of that trial court that is holding the information within 10 working days of the date of receipt of this decision notice for disposal u/s 6 (1) and Sec 7 of the RTI Act. To this extent, the appeal is, thus, allowed. However on the plea that the CPIO be prosecuted for the response provided Sec 21 of the Act clearly lays down that " No suit, prosecution or other legal 4 proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act or any rule made thereunder." There will therefore be no costs.
Announced in the hearing. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner 5-10-2009 Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(Pankaj K.P. Shreyaskar) Joint Registrar 5-10-2009 5