Major Vasant Laxman Jadhav Retd vs Ministry Of Home Affairs on 4 September, 2024

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Central Information Commission

Major Vasant Laxman Jadhav Retd vs Ministry Of Home Affairs on 4 September, 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/2023/633375

Major Vasant Laxman Jadhav Retd                            ... अपीलकताग/Appellant

                                 VERSUS/बनाम

CPIO, Police I Cell, 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          :       20.02.2023
PIO replied on                    :       13.03.2023
First Appeal filed on             :       12.04.2023
First Appellate Order on          :       27.04.2023
2 Appeal/complaint admitted on
 nd                               :       12.07.2023

Information sought

and background of the case:

The Appellant filed an RTI application dated 20.02.2023 seeking information on following points:-

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

a. The current composition (members) of Central Police Awards Committee.

b. The names, designation and present office address of all members of current Central Police Awards Committee.

c. On what date did the current Central Police Awards Committee had its last meeting and who all attended it.

d. Whether the official recommendation from Bureau of Civil Aviation Security, Ministry of Civil Aviation (BCAS-MCA) for Presidents Police Medal for Gallantry (PPMG) to Major Vasant Laxman Jadhav (Retd) was put before current Central Police Awards Committee for consideration.

e. Please provide extract of the minutes of Central Police Awards Committee's last meeting wherein the award of Presidents Police Medal for Gallantry (PPMG) to Major Vasant Laxman Jadhav (Retd) was considered and its result."

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The Under Secretary & CPIO, Police I Division, PMA Cell, Ministry of Home Affairs, New Delhi vide letter dated 13.03.2023 replied as under:-

"Point No. 1(a), (b), (c) and (e):- There is no public interest involved in disclosing information, this However, while disclosing the information as sought for, would prejudicially affect the integrity of India. Therefore, the sought information cannot be provided as Section 8 (1) (a) of the RTI Act, 2005 exempts disclosure of such information which would harm the sovereignty and integrity of India."

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 12.04.2023. The FAA vide order dated 27.04.2023 upheld the reply of CPIO.

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

Facts emerging in Course of Hearing:

A written submission has been received from the CPIO and US, Police I Division, PMA Cell, M/o Home Affairs 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):

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"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; 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.mba.gov.in) 69-84 Decision:

Keeping in view the facts of the case and the submissions made by both the parties, the Commission is of the view that:

i. In view of information sought at Serial Nol(c) Shri DK Ghosh, CPIO is directed to provide the date of meeting of the committee since the information sought is generic in nature.

ii. Commission further directs the Shri DK Ghosh, CPIO to provide information sought at serial No. 1(e) regarding the minutes to the Appellant after severing the details of the committee members and other persons in the minutes after duly complying with the provisions of Section 10 of the RTI Act, 2005, within a period of 15 days from the date of the receipt of this order.

iii. Further, the CPIO has appropriately answered all other queries of the appellant The Appeal stands disposed off with above direction.

Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Page 3 of 4 Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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