Indian Kanoon - Search engine for Indian Law

Central Information Commission

Rahul Kumar Gandhi vs Border Security Force on 22 February, 2022

                              केन्द्रीय सूचना आयोग
                       Central Information Commission
                           बाबा गंगनाथ मागग, मुननरका
                       Baba Gangnath Marg, Munirka
                        नई निल्ली, New Delhi - 110067

शिकायत संख्या / Complaint No. CIC/BDRSF/C/2020/685908

Shri Rahul Kumar Gandhi                                ..शिकायतकताा /Complainant
                                  VERSUS/बनाम

PIO, BSF, New Delhi                                    ...प्रशतवादीगण /Respondent
Through: Shri A K Sharma - DIG(Pers.)

Date of Hearing                      :    21.02.2022
Date of Decision                     :    22.02.2022
Chief Information Commissioner       :    Shri Y. K. Sinha

Relevant facts emerging from complaint:

RTI application filed on              :   16.01.2020
PIO replied on                        :   -
First Appeal filed on                 :   Nil
First Appellate Order on              :   -
2ndAppeal/complaint received on       :   17.09.2020

 Information sought

and background of the case:

The Complainant filed an RTI application dated 16.01.2020 seeking information on 08 points, as follows:

1.1)Recruitment advertisement published and Date of publication of recruitment advertisement of AC(DE) 35 , 36, 37, 38, 39 , 40 , 41 batch and LDCE 05th , 06th 07th, 08th, 09, 10th , 11th batch and last date of DPC meeting in case of promotion from inspector rank to Assistant Commandant rank for the year with effect from 01st Jan 2009 to 31st dec 2019.

1.2) Date of publication/announcement of the result of AC(DE) 35 , 36, 37, 38, 39, 40, 41 batch and LDCE 05th , 06th 07th, 08th, 09, 10th , 11th batch.

1.3) Date of joining at BSF Academy Tekanpur for AC(DE) 35 , 36, 37, 38, 39 , 40 , 41 batch and LDCE 05th , 06th ,07th, 08th, 09, 10th , 11th batch.

2. which policy of GOI is followed while preparing Gradation list of Group A GD officers_2019 circulated vide letter no.

17/47/2012_Pers/BSF/1456_805 dated 14th Jan 2020.

3. whether BSF follow DOPT policy DOP&Ts OM No. 28011/6/76_Estt, Dated 24th June, 1978 to decide Starting point in the recruitment roster for the purpose of inter se seniority of officers through Direct Recruitment, Promotion, Absorption etc.

4. if there is any deviation from DOPT policy DOP&Ts OM No. 28011/6/76_Estt, Dated 24th June, 1978 , what is the policy being followed by BSF in this regard.

5. what is the policy for claiming Newspaper bill by officers of AC rank and above. by which head of account reimbursement is to be made.

6. what is the policy to ascertain completion of tour/ journey being followed as per SR 73.

7. if there any policy exist, by virtue of which pers II section of pers dte can/may negate or overrule information provided by MHA police II division to a RTI reply. if yes, Kindly provide.

8.what is the policy of procurement of training aids/ props/stores used in training activities in training institution like BSF Academy Tekanpur, CSWT Indore, TCS hazaribagh , STCs, Frontier HQ, Sector HQ, UNIT HQ. 8.1 if trainee (Officers , SOs, ORs) can be forced to purchase training aids/ props/stores on their own expenditure without any increment in their salary to meet training expenses. if any policy exist kindly provide. 8.2. if Messes running at BSF Academy Tekanpur, CSWT Indore, TCS hazaribagh, STCs and other training center of BSF are registered as Cooperative organisation at respective states registrar of cooperative societies.

8.3. if BSF bears cost of boarding and lodging for officers undergoing training/courses at BSF Academy Tekanpur, CSWT Indore, TCS hazaribagh , STCs and other training center of BSF or Officers themselves pays cost for boarding and lodging.

Having not received any response from the PIO, the Complainant filed a first appeal dated nil which was not adjudicated.

Aggrieved by non receipt of the information, the Complainant approached the Commission with the instant Complaint.

Facts emerging in Course of Hearing:

A written submission has been received from PIO vide letter dated 18.02.2022, relevant extracts whereof are as under:

Respondent has placed reliance on some past decisions of the Commission and the Delhi High Court decision dated 16.09.2013 in WP(C) No. 5959/2013, in the case of Director General and Anr. Vs. Harender: wherein it had been held that 'No violation of human rights is involved in service matters, such as promotion, disciplinary actions, pay increments, retiral benefits, pension, gratuity, etc. '' In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, hearing was scheduled through audio conference after giving prior notice to both the parties. Both parties are heard through audio conference and submitted their respective contentions. The Complainant admitted that he had received a response from the PIO vide letter dated 27.02.2020 and the FAA's order dated 18.08.2020, however since information had been denied to him, he did not enclose the said documents with the Complaint.

Decision In the light of the above position, it is noted that the Respondent had sent responses to the Complainant, which are legally appropriate. Hence there exists Page 3 of 4 no cause of action for initiating proceedings under Section 18 of the RTI Act. The Complaint is dismissed accordingly.

Y. K. Sinha (वाई. के. नसन्हा) Chief Information Commissioner(सूचना आयुक्त) Authenticated true copy (अशिप्रमाशणत सत्याशित प्रशत) S. K. Chitkara (एस. के. शिटकारा) Dy. Registrar (उि-िंजीयक) 011-26186535 Page 4 of 4