Central Information Commission
Piyush Sharma vs Central Reserve Police Force on 2 November, 2018
के न्द्रीयसूचनाआयोग
Central Information Commission
बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi - 110067
नितीय अपील संख्या / Second Appeal No. CIC/CRPFO/A/2018/145163
Shri Deep Chand ....अपीलकताग/Appellant
Through:
Sh. Piyush Sharma, Adv.
VERSUS
बनाम
CPIO
Dy. Inspector General (Admn) .... प्रनतवािीगण /Respondents
Directorate General, CRPF
Through:
Shri S. Ganesh, Asstt. Commandant
Date of Hearing : 22.10.2018
Date of Decision : 31.10.2018
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
RTI application filed on : 21.12.2015
PIO replied on : 07.01.2016
First Appeal filed on : 01.03.2016
First Appellate Order on : 21.03.2016
2ndAppeal/complaint received on : 18.07.2018
Information soughtand background of the case:
Vide RTI application dated 21.12.2015, the appellant sought action taken report on his complaint dated 18.09.2015 alleging submission of fake certificates by a CRPF constable. The CPIO vide letter dated 07.01.2016 claimed exemption from disclosure of information citing provisions of Section 24 of RTI Act. FAA vide letter dated 21.03.2016 informed that appellant's educational certificate/Date of Birth Certificate and Caste Certificate had been verified by related Education Department (Rashtriya Mukta Vidyalaya Shiksha Sansthan) and District Page 1 of 5 Magistrate, Rewari but no adversary remarks had been received on their Certificates. Further, CPIO informed that he is not bound to supply documents to appellant because sought information does not pertain to the allegations of corruption and human rights violations. Feeling aggrieved, the appellant approached the Commission.
Facts emerging in Course of Hearing:
Both the parties are present and heard. The appellant states that in the present case, the PIO is guilty of furnishing wrong information with intent of saving a person who had joined service of CRPF by fraudulent means.
The appellant submits that one Satish Kumar, constable/ barber no. 125116003 was recruited by CRPF in year 2012. It is alleged by the appellant that the said Satish Kumar had concealed his actual date of birth and submitted documents containing wrong date of birth. In this context, the appellant states to have submitted detailed representation with supporting documents to DIG, CRPF and sought detail of action taken thereon through the present RTI application. Per contra, the respondent submits that the allegation of appellant was found to be wrong upon enquiry. He states that the date of birth as well as educational qualification certificates as submitted at the time of appointment were found to be genuine. Copy of office order dated 18.09.2013 from the Sub Inspector of Police, Group Centre has been placed on record alongwith other relevant documents which indicate the date of birth of the appellant as 06.10.1988. Respondent has reiterated in their submissions that the antecedents of the said Constable Satish Kumar have been duly examined and found correct.
However, the appellant states that the respondent CRPF never understood true import of his allegations and a clean chit was granted without thoroughly probing the matter. He submits that his sister (since deceased) was married to said Satish Kumar. The said Satish Kumar was tried for charges of having abetted dowry death & murder by Sessions Judge, Rewari. The said Satish Kumar is stated to have exhibited various documents in course of his defence in the trial which were accessed by the appellant. He submits that the said Satish Kumar undertook 10th / matriculation examination multiple times to change his date of birth. He states that Satish Kumar took on the first secondary school exam in May 1998 with National Open School. In support of his allegation, he relies on copy of a Secondary school certificate dated 27.07.2001 bearing no. D- 00546, roll number 054572264 as issued by National Open School. The certificate records the examinee's name as Satish Kumar S/o Ram Niwas of Page 2 of 5 Rewari. He also relies on a copy of LIC policy no. 332239749 issued in favour of Satish Kumar S/o Ram Niwas resident of Rewari. The said LIC certificate also records date of birth of policy holder as 06.10.1980 and the proof of age as 'School Certificate'. He submits that the appellant was married to her deceased sister in year 2004. He relies on copy of ration card issued in favour of Satish Kumar on 21.08.2008. The card shows age of Satish as 27 years in year 2008. Also the appellant produced copy of judgment dated 19.05.2014 pronounced by Sessions Judge Rewari in SC No. 39/2013 titled as State versus Satish Kumar S/o Ram Niwas in support of his contention. He submits that all the documents relied upon by him are part of judicial file of Sessions Judge Rewari which were produced by said Satish Kumar in course of latter's trial. An appeal is now stated to be pending before Hon'ble Punjab & Haryana High Court. The Ld. Counsel submits that in order to hide his actual age and fabricate a proof of fake date of birth, the said Satish Kumar again appeared in secondary examination of National Open School in year April 2008 under roll no. 05013662428 and malafidely mentioned his date of birth as 06.10.1988 - thereby reducing it by 08 years.
It is alleged by the appellant that upon receipt of his complaint, the CRPF authorities conducted a superficial verification of the documents submitted by Satish Kumar whereas all his contentions & clinching proofs annexed with the complaint were not considered. He states that Satish Kumar was overage at the time of recruitment in year 2012 but by concealing his actual age, he managed to get recruited. The appellant alleges that Satish Kumar has duped the CRPF with connivance of some officers. As regards the RTI application, the appellant contends that the same relates to allegations of corruption in public appointment and hence, the PIO cannot deny furnishing information.
Decision:
The RTI Act is an enabling law aimed at promoting transparency and accountability in functioning of the welfare state. The public authorities are accountable to public. It is incumbent upon a public authority to consider grievance of a citizen. The duty of public authority to act assumes greater significance when a complaint alleges fraud in public recruitment. In Devendra Kumar vs. State of Uttaranchal and Ors. (29.07.2013 - SC):
MANU/SC/0772/2013, the Hon'ble Apex Court summarized the effects of securing appointment by deceitful means. Relevant extracts read as:Page 3 of 5
10. So far as the issue of obtaining the appointment by misrepresentation is concerned, it is no more res integra. The question is not whether the applicant is suitable for the post.....
11. It is a settled proposition of law that where an applicant gets an office by misrepresenting the facts or by playing fraud upon the competent authority, such an order cannot be sustained in the eyes of law. "Fraud avoids all judicial acts, ecclesiastical or temporal." (Vide: S.P. Chengalvaraya Naidu (Dead) by L.Rs. v. Jagannath (Dead) by L.Rs. and Ors. MANU/SC/0192/1994 : AIR 1994 SC 853. In Lazarus Estate Ltd. v.
Besalay 1956 All E.R. 349, the Court observed without equivocation that "no judgment of a Court, no order of a Minister can be allowed to stand if it has been obtained by fraud, for fraud unravels everything." .....
16. The ratio laid down by this Court in various cases is that dishonesty should not be permitted to bear the fruit and benefit those persons who have frauded or misrepresented themselves. In such circumstances the Court should not perpetuate the fraud by entertaining petitions on their behalf. In Union of India and Ors. v. M. Bhaskaran, this Court, after placing reliance upon and approving its earlier judgment in District Collector and Chairman, Vizianagaram Social Welfare Residential School Society v. M. Tripura Sundari Devi, observed as under:-
If by committing fraud any employment is obtained, the same cannot be permitted to be countenanced by a Court of Law as the employment secured by fraud renders it voidable at the option of the employer.
Upon perusal of the written submissions placed before the Commission by PIO, CRPF, it is seen that the enquiry/ verification already done by respondent CRPF has not taken all relevant material in consideration. The allegations made by the appellant do merit thorough investigation. Without commenting on the veracity of allegations made by appellant, the Commission finds the appellant to be entitled to seek details of processing of his complaint.
The Commission finds that the appellant has alleged corruption in the matter and prima facie, a thorough investigation is warranted in the matter to enable the appellant to secure clear and cogent information. No bar under Section 24(1) is maintainable to exclude dissemination of information sought. Let a copy of Page 4 of 5 the present decision be marked to the Director General, CRPF for information & appropriate action.
Accordingly, the reply of PIO & FAO is set aside. The PIO is directed to furnish information on the action taken to the appellant within 4 weeks of receipt of this decision under intimation to the Commission.
The appeal is allowed in aforesaid terms.
Yashovardhan Azad (यशोवर्द्गन आज़ाि) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) Ram Parkash Grover Dy. Registrar; 011-26180514 / राम प्रकाश ग्रोवर, उप-पंजीयक Page 5 of 5