Central Information Commission
Nutan Thakur vs Cbi on 27 August, 2021
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग , मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No : CIC/CBRUI/A/2019/162694
CIC/CBRUI/A/2019/162692
CIC/CBRUI/A/2019/160101
CIC/CBRUI/A/2019/160071
CIC/CBRUI/A/2019/160072
CIC/CBRUI/A/2019/160073
Nutan Thakur ....अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Central Bureau of Investigation,
RTI Cell, O/o the Head of Branch,
Head of Delhi Zonal, CBI HQ Building,
CGO Complex, Lodhi Road, New Delhi - 110003 .... ितवादीगण /Respondent
Date of Hearing : 26/08/2021
Date of Decision : 26/08/2021
INFORMATION COMMISSIONER : Saroj Punhani
Note: The above referred cases have been clubbed for decision as the Appellant
has sought for similar information in all the cases.
Relevant facts emerging from appeal:
1
File Nos. 162692, 162694 160071, 160101, 160073,
160072
RTI application(s) : 10/10/2019 10/10/2019
filed on
CPIO replied on : 07/11/2019 14/10/2019
First appeal(s) filed : 10/12/2019 15/10/2019
on
First Appellate : 14/12/2019 25/10/2019
Authority order
2nd : 24/12/2019 09/12/2019
Appeal(s)/Complaint
dated
File No : CIC/CBRUI/A/2019/162694
Information sought:
The Appellant filed an RTI application dated 10.10.2019 with CVC seeking the following information:
"...Sri Alok Verma, a 1979 batch AGMUT Cadre IPS officer was abruptly sent on leave on 24/10/2018 and was reinstated on around 09/01/2019 and removed within 48 days. Immediately after getting reinstated, many transfers at different ranks were made in CBI after his assuming charge. Again after his relinquishing charge of CBI Director, many other abrupt transfers of similar nature were made by new incumbent as CBI Director. In view of the above facts, provide the following information;
1. Provide a copy of the official orders made in this regards.
2. Provide a copy of the base material/facts with Central Vigilance Commission (CVC) regarding facts on the basis of which such drastic actions were taken by CBI.
3. Provide details of the background as on CVC record regarding facts on the basis of which such drastic actions were taken by CBI.
4. Provide a copy of the entire file (including notesheet and correspondence) of CVC as regards the above action/transfer orders, made immediately handing over of charge by Sri Verma as CBI Director around 10/01/2019.
The RTI Application was transferred to CBI on 01.11.2019.2
The CPIO, CBI replied to the appellant on 07.11.2019 stating that information cannot be provided as per Section 24 of the RTI Act, 2005.
Being dissatisfied, the appellant filed a First Appeal dated 10.12.2019. FAA's order dated 14.12.2019 upheld the CPIO reply.
File No. CIC/CBRUI/A/2019/162692 Information sought:
The Appellant filed a RTI application dated 10.10.2019 seeking the following information:
"Sri Alok Verma, a 1979 batch AGMUT Cadre IPS officer was abruptly sent on leave on 24/10/2018 and was reinstated on around 09/01/2019 and removed within 48 days. Immediately after getting reinstated, many transfers at different ranks were made in CBI after his assuming charge. In view of the above facts, kindly provide the information;
1. Provide a copy of the official orders made in this regards.
2. Provide a copy of the base material/facts with Central Vigilance Commission (CVC) regarding facts on the basis of which such drastic actions were taken by CBI.
3. Provide details of the background as on CVC record regarding facts on the basis of which such drastic actions were taken by CBI.
4. Provide a copy of the entire file (including notesheet and correspondence) of CVC as regards the above action/transfer orders, made immediately after taking charge by Sri Verma as CBI Director.
The CPIO replied to the appellant on 07.11.2019 stating that information sought cannot be provided as per the section 24 of the RTI Act, 2005.
Being dissatisfied, the appellant filed a First Appeal dated 10.12.2019. FAA's order dated 14.12.2019 upheld the reply of CPIO.
File No. CIC/CBRUI/A/2019/160101 Information sought:
The Appellant filed a RTI application dated 10.10.2019 seeking the following information:3
"Sri Alok Verma, a 1979 batch AGMUT Cadre IPS officer and Sri Rakesh Asthana, a 1984 batch Gujarat cadre IPS officer were previously posted in Central Bureau of Investigation (CBI). On 24/10/2018 both were abruptly sent on leave and Sri M Nageshwar Rao appointed interim CBI director with immediate effect. In regard to above facts, provide the information;
1. Provide a copy of the official orders made in this regards.
2. Provide a copy of the base material/facts with CBI on the basis of which such drastic actions were taken.
3. Provide details of the background as on CBI record on the basis of which such drastic actions were taken.
4. Provide a copy of the entire file (including notesheet and correspondence) of CBI as regards the above action/orders."
The CPIO replied to the appellant on 14.10.2019 stating that information sought cannot be provided as per the section 24 of the RTI Act, 2005.
Being dissatisfied, the appellant filed a First Appeal dated 15.10.2019. FAA's order dated 25.10.2019 upheld the reply of CPIO.
File No. CIC/CBRUI/A/2019/160071 Information sought:
The Appellant filed a RTI application dated 10.10.2019 seeking the following information;
"Sri Alok Verma, a 1979 batch AGMUT Cadre IPS officer and Sri Rakesh Asthana, a 1984 batch Gujarat cadre IPS officer were previously posted in Central Bureau of Investigation (CBI). On 24/10/2018 both were abruptly-sent on leave and Sri M Nageshwar Rao appointed interim CBI director with immediate effect. On 24/10/2018 itself, many transfers at different ranks were made in CBI after assuming charge by Sri Rao. In view of the above facts, provide the information;
1. Provide a copy of the official orders made in this regards.
2. Provide a copy of the base material/facts with CBI on the basis of which such drastic actions were taken.
3. Provide details of the background as on CBI record on the basis of which such drastic actions were taken.4
4. Provide a copy of the entire file (including notesheet and correspondence) of CBI as regards the above action/transfer orders, made immediately after taking charge by Sri Rao, as new Director.
The CPIO replied to the appellant on 14.10.2019 stating that information sought cannot be provided as per the section 24 of the RTI Act, 2005.
Being dissatisfied, the appellant filed a First Appeal dated 15.10.2019. FAA's order dated 25.10.2019 upheld the reply of CPIO.
File No. CIC/CBRUI/A/2019/160072 Information sought:
The Appellant filed a RTI application dated 10.10.2019 seeking the following information:
"Sri Alok Verma, a 1979 batch AGMUT Cadre IPS officer was abruptly sent on leave on 24/10/2018 and was reinstated on around 09/01/2019 and removed within 48 days. Immediately after getting reinstated, many transfers at different ranks were made in CBI after his assuming charge. Again after his relinquishing charge of CBI Director, many other abrupt transfers of similar nature were made by new incumbent as CBI Director. In view of the above facts, provide the information:-
1. Provide a copy of the official orders made in this regards.
2. Provide a copy of the base material/facts with CBI on the basis of which such drastic actions were taken.
3. Provide details of the background as on CBI record on the basis of which such drastic actions were taken.
4. Provide a copy of the entire file (including notesheet and correspondence) of CBI as regards the above action/transfer orders, made immediately after handing over of charge by Sri Verma as CBI Director around 10/01/2019."
The CPIO replied to the appellant on 14.10.2019 stating that information sought cannot be provided as per the section 24 of the RTI Act, 2005.
Being dissatisfied, the appellant filed a First Appeal dated 15.10.2019. FAA's order dated 25.10.2019 upheld the reply of CPIO.
File No. CIC/CBRUI/A/2019/160073 5 Information sought:
The Appellant filed a RTI application dated 10.10.2019 seeking the following information:
"Sri Alok Verma, a 1979 batch AGMUT Cadre IPS officer was abruptly sent on leave on 24/10/2018 and was reinstated on around 09/01/2019 and removed within 48 days. Immediately after getting reinstated, many transfers at different ranks were made in CBI after his assuming charge. In view of the above facts, kindly provide the information;
1. Provide a copy of the official orders made in this regards.
2. Provide a copy of the base material/facts with CBI on the basis of which such drastic actions were taken.
3. Provide details of the background as on CBI record on the basis of which such drastic actions were taken.
4. Provide a copy of the entire file (including notesheet and correspondence) of CBI as regards the above action/transfer orders, made immediately after taking charge by Sri Verma as CBI Director.
The CPIO replied to the appellant on 14.10.2019 stating that information sought cannot be provided as per the section 24 of the RTI Act, 2005.
Being dissatisfied, the appellant filed a First Appeal dated 15.10.2019. FAA's order dated 25.10.2019 upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant set of Second Appeal(s).
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through audio conference.
Respondent: Mukesh Verma, DSP & Rep. of CPIO present through audio conference.
The Commission remarked at the outset that the instant set of cases do not warrant any relief as the CPIO has appropriately replied to the RTI Application claiming the exemption of Section 24(1) of the RTI Act.6
The Appellant did not contest the observations of the Commission.
Decision:
The Commission recalls another decision issued in a bunch matter of the Appellant on 14.06.2021 (viz. CIC/CVCOM/A/2019/152048+etc.) wherein observations regarding the repetitive nature of RTI Applications filed by the Appellant was taken note of in the context of the same subject matter concerning the service matters of Alok Verma & Rakesh Asthana in the following manner:
"Having perused the case records in detail, at the outset, the Commission took note of a recent decision passed by the bench of the Chief Information Commissioner on 03.06.2021 in another set of Appeals of the Appellant (viz. CIC/MHOME/A/2020/101586 + etc.) against all three departments viz. CVC, MHA &DoPT and premised on identical categories of information referred to in the instant RTI Application(s)i.e concerning the service matter of Rakesh Asthana and Alok Verma. In a nutshell, the said decision of 03.06.2021 highlights upon the repetitive nature of Appellant's multiple RTI Applications and their impact on the functioning of the public authorities. In addition to emphasizing on the aspect of misuse of the RTI Act, the bench also held that all of the information sought for regarding the averred officials amounts to seeking their personal information as understood under Section 8(1)(j) of the RTI Act."
While in the instant set of cases, the Commission upholds the exemption of Section 24(1) of the RTI Act claimed by the CPIO as concededly, the information sought for does not pertain to allegations of corruption rather the Appellant has conjectured about the veracity of certain transfer orders.
In view of the foregoing, the Commission finds the instant Appeal(s) bereft of merit.
The appeal(s) are disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) Information Commissioner (सूचनाआयु ) 7 Authenticated true copy (अिभ मािणत स#यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 8