Central Information Commission
N Kalpana vs Central Reserve Police Force on 31 March, 2021
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi-110067
ि तीय अपील सं या / Second Appeal Nos.: CIC/CRPFO/A/2019/636350
CIC/CRPFO/A/2019/638924
CIC/CRPFO/A/2019/636436
CIC/CRPFO/A/2019/636534
CIC/CRPFO/A/2019/636689
CIC/CRPFO/A/2019/636735
Smt. N Kalpana ... अपीलकता/Appellant
VERSUS/बनाम
1. PIO
Central Reserve Police Force (CRPF),
Employees Educations Secretary,
Directorate General, CRPF,
Block No. 01, CGO Complex,
Lodhi Road, New Delhi-110003
2. PIO
CRPF Public School, Jawahar Nagar,
Hakimpet, Secunderabad,
Telangana - 500078
3. PIO
CRPF Public School,
Sector-XIV, Prashant Vihar,
Rohini, Delhi - 110085
4. PIO
CRPF Public School,
Pocket 4, Sector 16B
Dwarka, New Delhi - 110078
... ितवादीगण /Respondent
Date of Hearing : 30.03.2021
Date of Decision : 31.03.2021
Chief Information Commissioner : Shri Y. K. Sinha
Page 1 of 8
Relevant facts emerging from appeal:
Since both the parties are same, the above mentioned cases are clubbed
together for hearing and disposal.
Case RTI Filed CPIO reply First FAO 2nd
No. on appeal Appealreceived
on
636350 25.09.2018 22.01.2019 25.10.2018 - 20.03.2019
638924 26.02.2019 09.03.2019 09.03.2019 - 09.04.2019
636436 09.01.2019 22.01.2019 06.02.2019 21.03.2019
636534 04.02.2019 22.02.2019 22.02.2019 22.03.2019 22.03.2019
636689 13.02.2019 22.02.2019 22.02.2019 25.03.2019 25.03.2019
636735 13.02.2019 22.02.2019 22.02.2019 25.03.2019 25.03.2019
(1) CIC/CRPFO/A/2019/636350
The Appellant filed an RTI application dated 25.09.2018 seeking information on
the following 5 points:
Having not received any reply from the PIO, the Appellant filed a First Appeal
dated 25.10.2018.
The DIGP and CPIO, Group Centre, CRPF, Rangareddy vide letter dated
22.01.2019 furnished a reply to the Appellant stating that CRPF Public School,
Group Centre, Rangareddy is a private institute which is run purely by the
members of CRPF Education Society through the subscription collected from
CRPF personnel. Thus this is not governed/controlled/financed by either the
Central or State Government. The Principal has been empowered to answer the
queries of the employees and give a suitable reply to the complainant.
Hence, PIO, Group Centre, CRPF, Rangareddy vide letter dated 22.01.2019
forwarded this RTI Application to Principal, CRPF Public School, Rangareddy.
Page 2 of 8
Feeling aggrieved and dissatisfied, the Appellant approached the Commission
with the instant Second Appeal.
(2) CIC/CRPFO/A/2019/638924
The Appellant filed an RTI application dated26.02.2019seeking information on
the following 31 points:
1. Please provide a copy of all the proceedings of Up-gradation of teachers
held in the CRPF Public School in the year 2007-08.
2. Please provide a copy of all the proceedings of file no. A.VI-1/2007-SCH,
dated 28/05/2007.
3. Please provide a copy of all the proceedings of file no. A.VI-1/08-CSJ
dated 03/04/2008.
4. Please provide a copy of all the proceedings of file no. E.1-1/2014-DA(PS)
dated 25/06/2014.
5. Please provide a copy of all the proceedings of file no. E.1-3/14-SS-RK
dated September 2014.
6. Please provide a copy all the proceedings of file no. E.1-3/2014-SS-RK
dated 27/06/2014.
7. Please provide a copy of all the proceedings of file no. V.II-1/2014- Adm
dated 11/08/2014.
8. Please provide a copy of G.B meeting minutes of the academic years 2004-
05,2005-06,2006-07,2007-08, 2008-09,2009-10,2010-11,2011-12,2012-
13,2013-14,2014-15,2015-16,2016-17,2017-18,2018-19.
9. Please provide a copy of all the Managing Committee meetings minutes
from 2004 to 2019.
10. Please provide a copy of all the proceedings of additional increments to
the Principal and any other staff members from 2004 to 2019.
11. Please provide a copy of all the proceedings of pay fixation of teachers
from 2004 to 2019.
Etc.
The Assistant Manager, CRPF Public School, Rangareddy vide letter dated
09.03.2019 furnished a reply to the Appellant that CRPF Public School, Group
Centre, Rangareddy is a private institute which is run purely by the members
of CRPF Education Society through the subscription collected from CRPF
personnel. Thus this is not governed/controlled/financed by either the Central
or State Government. The Principal has been empowered to answer the queries
of the employees and to give a suitable reply to the complainant.
Hence, PIO, CRPF Public School, Rangareddy vide letter dated 09.03.2019
forwarded this RTI Application to Principal, CRPF Public School, Rangareddy.
Dissatisfied with the reply received from the PIO, the Appellant filed a First
Appeal dated 09.03.2019 which was not adjudicated by the First Appellate
Authority. Therefore, the Appellant approached the Commission with the
instant Second Appeal.
Page 3 of 8
(3) CIC/CRPFO/A/2019/636436
The Appellant filed an RTI application dated 09.01.2019 seeking information on
the following 9 points:
1. Please provide a copy of question paper of PGT Economics,conducted for Up-
gradation for PGT Economics in CRPF Public School GC CRPF RRY
Secunderabad dated 21/12/2018.
2. Please provide a copy of question paper, which is made for the recruitment
of PGT Economics on ad-hoc basis in the month of November 2018.
3. Please provide a copy of answer papers of PGT Economics conducted on
21/12/2018 in the CRPF Public school.
4. Please provide a copy of answer papers of PGT Economics recruitment on
ad-hoc basis in the month of November 2018.
5. Please provide a copy of question papers made for the recruitment of PGT
Economics conducted in the CRPF Public school in 2014,2015 etc.
6. Please provide a copy of question papers made for the up gradation of
teachers in the CRPF Public school in 2014/15.
7. Please provide a copy of increments sanctioned to the Up gradation of
teachers in 2014/15.
8. Please provide a copy of additional increments sanctioned to the principal
CRPF Public school from 2004 to till the date.
9. Please provide a copy of pay fixation of the principal CRPF Public school
from 2004 to 2018.
The DIGP and CPIO, CRPF Public School, Rangareddy vide letter dated
22.01.2019 furnished a reply to the Appellant that CRPF Public School, Group
Centre, Rangareddy is a private institute which is run purely by the members
of CRPF Education Society through the subscription collected from CRPF
personnel. Thus this is not governed/controlled/financed by either the Central
or State Government. The Principal has been empowered to answer the queries
of the employees and to give a suitable reply to the complainant.
Hence, PIO,CRPF Public School, Rangareddy vide letter dated
22.01.2019forwarded this RTI Application to Principal, CRPF Public School,
Rangareddy.
Dissatisfied with the reply received from the PIO, the Appellant filed a First
Appeal dated 06.02.2019 which was not adjudicated by the First Appellate
Authority. Therefore, the Appellant approached the Commission with the
instant Second Appeal.
(4) CIC/CRPFO/A/2019/636534
The Appellant filed an RTI application dated 04.02.2019seeking information on
the following 6 points:
1. Please furnish the information about the service rules following in the
CRPF Public schools of Rohini, Dwarka at New Delhi and CRPF public
Page 4 of 8
school at GC CRPF RRY Provide a copy of service rules following in the
above mentioned three schools since inception, school wise.
2. Please furnish the information about the status of the above mentioned
three schools. Govt. / Private/ any other. Please provide a copy for proof.
3. Please furnish the information about the financial support to the above
mentioned three schools since inception to till the date by the CRPF
employees education society, year wise, school wise. Provide a copy for
proof.
4. Please furnish the information about the criteria following in the above
mentioned three schools for the promotion of teachers since inception.
Please provide a copy for proof school wise.
5. Please furnish the information about the service rules following in the
above mentioned three schools since inception to till the date. Please
provide a copy for proof, with school wise.
6. Please furnish the information about the retirement age of all the
employees in the above mentioned three schools including Principal. Please
provide a copy for proof.
The DIG(ADM),DTE GENL, CRPF vide letter dated 22.02.2019 denied the
information under Section 24 of the RTI Act, 2005.
Dissatisfied with the reply received from the PIO, the Appellant filed a First
Appeal dated 22.02.2019. The FAA vide order dated 22.03.2019 upheld the
reply of PIO.
Feeling aggrieved and dissatisfied, the Appellant approached the Commission
with the instant Second Appeal.
A written submission has been received from the CPIO and DIGO (Admin),
CRPF, New Delhi vide letter dated 23.03.2021 and the same has been taken on
record.
(5) CIC/CRPFO/A/2019/636689
The Appellant filed an RTI application dated13.02.2019 seeking information on
the following 6 points:
1. Kindly furnish the information about the status of CRPF Public school,
Rohini located at New Delhi. Private school/ Govt. school/any other. Please
provide a copy for proof.
2. Please furnish the information about the service rules following in your
school for teaching and non-teaching staff since inception. Please provide a
copy for proof.
3. Please furnish the information about the teachers who promoted/ up graded
since inception. Please provide a copy for proof.
4. Please furnish the information about the criteria following for the promotion
of teachers in your school since inception. Please provide a copy for proof.
Page 5 of 8
5. Kindly furnish the information about the financial assistance by any
organisation/ department/ any other sources. Please provide a copy for
proof.
6. Kindly provide the information about the income tax/ GST/ any other taxes
paying to the Government/ departments. Please provide a copy for proof.
The DIG (ADM),DTE GENL, CRPF vide letter dated 22.02.2019 denied the
information under Section 24 of the RTI Act, 2005.
Dissatisfied with the reply received from the PIO, the Appellant filed a First
Appeal dated 22.02.2019. The FAA vide order dated 25.03.2019 upheld the
reply of PIO.
Feeling aggrieved and dissatisfied, the Appellant approached the Commission
with the instant Second Appeal.
A written submission has been received from the CPIO and DIGO (Admin),
CRPF, New Delhi vide letter dated 23.03.2021 and the same has been taken on
record.
(6) CIC/CRPFO/A/2019/636735
The Appellant filed an RTI application dated13.02.2019 seeking information on
the following 6 points:
1. Kindly furnish the information about the status of CRPF Public school,
Dwarka located at New Delhi. Private school/ Govt. school/any other.
Please provide a copy for proof.
2. Please furnish the information about the service rules following in your
school for teaching and non-teaching staff since inception. Please provide a
copy for proof.
3. Please furnish the information about the teachers who promoted/ up graded
since inception. Please provide a copy for proof.
4. Please furnish the information about the criteria following for the promotion
of teachers in your school since inception. Please provide a copy for proof.
5. Kindly furnish the information about the financial assistance by any
organisation/ department/ any other sources. Please provide a copy for
proof.
6. Kindly provide the information about the income tax/ GST/ any other taxes
paying to the Government/ departments. Please provide a copy for proof.
The DIG (ADM),DTE GENL, CRPF vide letter dated 22.02.2019 denied the
information under Section 24 of the RTI Act, 2005.
Dissatisfied with the reply received from the PIO, the Appellant filed a First
Appeal dated 22.02.2019. The FAA vide order dated 25.03.2019 upheld the
reply of PIO.
Page 6 of 8
Feeling aggrieved and dissatisfied, the Appellant approached the Commission
with the instant Second Appeal.
A written submission has been received from the CPIO and DIGO (Admin),
CRPF, New Delhi vide letter dated 23.03.2021 and the same has been taken on
record.
Facts emerging in Course of Hearing:
In order to ensure social distancing and prevent the spread of the pandemic, COVID-19, hearings through video conference were scheduled after giving prior notice to both the parties.
The Appellant remained absent during the hearing despite prior intimation. The Respondent represented by Shri Sunil Kumar, Commandant, Dr Anuradha, Ex Principal, CRPF Public School, Rangareddy, Shri Pankaj Kumar, DIG and Shri Mithlesh Kumar, SI participated in the hearing through video conference.
Dr Anuradha stated that subsequent to transfer of the RTI applications, replies were provided to the Appellant vide letters dated 08.03.2019 and 30.04.2019 through speed post which were returned undelivered with the comment "Door was locked". The copy of the replies were however also sent to the Appellant through email. In the said replies forwarded to the Commission subsequent to the hearing, it was mentioned that CRPF Public School is not governed/ controlled/ financed by either the State or Central Government. Hence it does not come under the RTI Act, 2005.
Shri Pankaj Kumar reiterated the CPIO/ FAAs reply given in Appeal Nos CIC/CRPFO/A/2019/636534, CIC/CRPFO/A/2019/636689 and CIC/CRPFO/A/2019/636735 as also their written submission and stated that their organisation is exempted from the purview of the RTI Act, 2005 as per Section 24 r/w the Second Schedule of the RTI Act, 2005. Furthermore, the 3 schools regarding which information was sought by the Appellant were not public authorities as per Section 2 (h) of the Act.
Decision:
Keeping in view the facts of the case and the submissions made by the Respondent, the Commission observed that in a similar matter pertaining to the CRPF Employees Education Society, an earlier bench of the Commission had pronounced a decision in CIC/SB/A/2016/000511 dated 18.04.2017, the relevant extracts of which are as under:
6. The Commission, after hearing the submissions of both the parties and perusing the records, observes that the appellant is seeking information from an organization which has been declared an exempted organization as per Section 24(1) of the Act r/w Second Schedule of the RTI Act. Hence, the provisions of the RTI Act are not applicable to the CRPF except when the information pertains to Page 7 of 8 allegations of corruption or human rights violations. Further, the information sought in this case does not relate to either corruption or human rights violations.
However, the Commission further observes that the Hon'ble High Court of Delhi in W.P. (C) 7453/2011 dated 09.10.2013 (Union of Indian v. Adarsh Sharma) had held that:-
"5. .......if an information of the nature sought by the respondent is easily available with the Intelligence Bureau, the agency would be well- advised in assisting a citizen, by providing such an information, despite the fact that it cannot be accessed as a matter of right under the provisions of Right to Information Act......... It is again made clear that information of this nature cannot be sought as a matter of right and it would be well within the discretion of the Intelligence Bureau whether to supply such information or not..."
The Commission, therefore, observes that providing information about the affairs of the School will increase the credibility of the educational institution, since education is recognized as one of the non-derogable priorities in the governance of any nation. The crucial role of access to information here cannot be understated, which assures transparency, enhances accountability and leads to efficient functioning of the Schools run by CRPF. In view of the above, the Commission would like the CRPF to consider the request of the appellant and provide information with respect to point nos. viii, x, xiii, xiv and xv of the RTI application, to the extent possible, to the appellant, within a period of four weeks from the date of receipt of a copy of this Order."
Thus, taking into consideration the above decision, the Commission would like the CRPF to consider the request of the Appellant and provide information to the extent possible in all these matters by 15.05.2021 under intimation to the Commission.
With the above observation, the instant Second Appeals stand disposed off accordingly.
Y. K. Sinha (वाई. के .िस हा) Chief Information Commissioner(मु य सूचना आयु ) Authenticated true copy (अिभ मािणत स ािपत ित) S. K. Chitkara (एस. के . िचटकारा) Dy. Registrar (उप-पंजीयक) 011-26180514 Page 8 of 8