Major Vasant Laxman Jadhav Retd vs Ministry Of Home Affairs on 28 August, 2024

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Central Information Commission

Major Vasant Laxman Jadhav Retd vs Ministry Of Home Affairs on 28 August, 2024

Bench: Heeralal Samariya

                                 के न्द्रीय सूचना आयोग
                        Central Information Commission
                             बाबा गंगनाथ मागग, मुननरका
                        Baba Gangnath Marg, Munirka
                         नई दिल्ली, New Delhi - 110067

नितीय अपील संख्या / Second Appeal No. CIC/MHOME/A/2023/636022

Shri Major Vasant Laxman Jadhav Retd                           ... अपीलकताग/Appellant

                                    VERSUS/बनाम

CPIO, Police I Division, PMA Cell, Ministry of Home        ...प्रनतवािीगण /Respondent
Affairs

Date of Hearing                         :    22.08.2024
Date of Decision                        :    22.08.2024
Chief Information Commissioner          :    Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on             :      24.03.2023
PIO replied on                          :   18.04.2023
First Appeal filed on                   :   22.05.2023
First Appellate Order on                :   02.06.2023
2ndAppeal/complaint admitted on         :   25.07.2023

Information sought

and background of the case:

The Appellant filed an RTI application dated 24.03.2023 seeking information on following points:-

1. "Please provide following information as mandated under RTI Act 2005.

2. With reference to MHA (PMA) letter 11019/15/2022-PMA dated 27 Dec 2022, kindly provide following information.

a. Is it a fact that on the very day MHA (PMA) issued its letter 11019/15/2022-PMA dated 27 Dec 2022 to me, My Six Appeals to Appellate Authorities against injustice caused by MHA (PMA's) in my PPMG case were 'Still Pending' for decision from Appellate Authorities as seen on the CPGRAMS Dash Board under button 'View Status of Appeals'? (relevant screen shot of Pending Appeals as seen on CPGRAMS on 27 Dec 2022 is placed at the end of this application for your ready ref).

b. Is it a fact that on the very day MHA(PMA) issued its letter 11019/15/2022- PMA dated 27 Dec 2022 to me, My Six Appeals to Appellate Authorities against injustice caused by MHA (PMA's) in my PPMG case were 'Still Pending' for decision from Appellate Authorities as seen on the CPGRAMS Dash Board under button 'View Status of Appeals and even than MHA (PMA) rushed to place my PPMG case before Central Police Award Committee (CPAC) for their consideration but CPAC rejected to consider it stating that my recommendation has to come from Concerned State/Organisation?

c. In para 1 of MHA(PMA) letter 11019/15/2022-PMA dated 27 Dec 2022, it is stated that 'PPMG to me was considered by Central Police Award Committee but CPAC did not recommend PPMG to me. On the other hand, your answer given in para 1(d) of your letter 11022/04/2022-PMA dated 13 March 2023 to my question 'Whether my PPMG case was put up before current CPAC is 'NO'. Please clarify this variation."

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The Under Secretary Police I Division, PMA Cell & CPIO, Ministry of Home Affairs, New Delhi vide letter dated 18.04.2023 replied as under:-

"The information sought by you is outside the scope and ambit of the RTI Act, 2005 and does not come under the definition of information specified under Section 2 (f) of RTI Act, 2005. Therefore, the same cannot be provided."

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 22.05.2023. The FAA vide order dated 02.06.2023 upheld the reply of CPIO.

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

Facts emerging in Course of Hearing:

Appellant: Present Respondent: Shri D K Singh, CPIO and US, Police I Division The Appellant stated that point wise reply to his RTI queries was not provided by the Respondent.

Shri D K Singh referred to his written submission sent vide letter dated 12.08.2024 the relevant extracts of which are as under:

"i. Major Vasant Laxman Jadhav (Retd) has filed multiple grievances, representations, RTls in the last 2-3 years, request for awarding the President's Police Medal for Gallantry (PPMG) for his bravery during Mumbai Serial Bomb Blast in 1993.

ii) In his grievances, Major Vasant Laxman Jadhav (Retd) has informed that he retired from Army in the year 1993 after 19 years of service in Army Bomb Detection & Disposal Expert. And after retirement from Army, UPSC selected him for the post of Dy Commissioner of Security, Bomb Detection & Disposal Squad at Mumbai Airport under Govt. of India, Ministry of Civil Aviation, Bureau of Civil Aviation Security.

iii) As per the received grievances & representations, Major Vasant Laxman Jadhav (Retd) has stated that "Central Govt. Department/ Ministry (BCAS/MCA) had recommended him for PPMG within two years of performance of brave gallantry act. However, MHA (PMA) rejected this official recommendation of Central Govt. Department/Ministry (BCAS/MCA) without giving any valid reason, observation or logic in their rejection letter 1 1020/1 19/93-PMA dated 16 May 94".

iv) it is mentioned that the stated gallantry proposal as mentioned above is very old (almost 30 years). As per Record Retention Schedule (Annexure A), the records of rejected cases of gallantry proposal are kept for 10 years only. Record file of this stated 30 years gallantry proposal is not available in MHA.

v) in response to the grievances, representations, RTls of Major Vasant Laxman Jadhav (Retd), the under-mentioned facts have been conveyed several times (Annexure B):

"As per guideline in this regard, proposal for awarding gallantry medal viz. President's Police Medal for Gallantry (PPMG)/ Police Medal for Gallantry (PIUG) to Police personnel is considered only if the same is recommended by concerned State/Organization which is then placed before Committee for its consideration. Individual recommendations/proposals for Gallantry award i.e;

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PPMG/PMG are not entertained. This position has already been intimated you earlier also."

vi) However, despite being apprised to him about the above-mentioned rule position of Gallantry awards (PPMG/PMG), grievances of Major Vasant Laxman Jadhav (Retd.) have been received continuously.

vii) Further, his grievance dated 18.02.2024 was forwarded to Govt. of Maharashtra and Bureau of Civil Aviation Security, Ministry of Civil Aviation for taking appropriate action as deemed fit vide this Ministry's letter dated 13.03.2024. (Annexure C)

viii) As per SOP (Annexure D), the recommendation of gallantry award along with all requisite documents i.e Prescribed Performa, Citation, FIR, Firing Details, Seizure Memo, First Sitrep, Medical documents, Post Mortem & Magisterial Inquiry reports (wherever applicable); is considered in this Ministry, when it is received through the concerned State/Organization. So far, this Ministry has not received any recommendation in this regard.

ix) General Procedures and Guidelines governing above mentioned gallantry awards are available on Ministry of Home Affairs's Website. (URL:

https://www.mha.gov.in)"

Decision:

Keeping in view the facts of the case and the submissions made by both the parties, the Commission is of the view that an appropriate response as per the provisions of the RTI Act, 2005 has been provided by the Respondent since as per the provisions of the RTI Act only such information that is held and available in the records of a public authority can be provided and the CPIO is not required to give opinions/ justifications/ explanations and clarifications. Hence, no further intervention of the Commission is required in the instant matter.

With the above observation, the instant Second Appeal stands disposed off accordingly.

Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 of 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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