Central Information Commission
Deepak Sandhu vs Ministry Of Youth Affairs & Sports on 8 November, 2018
CENTRAL INFORMATION COMMISSION
(Room No.313, CIC Bhawan, Baba Gangnath Marg, Munirka, New Delhi-110067)
Before Prof. M. Sridhar Acharyulu (Madabhushi Sridhar), CIC
Second Appeal No.: CIC/MOYAS/A/2018/610300
Shri Deepak Sandhu Appellant
Versus
CPIO, M/o Youth Affairs & Sports Respondent
Order Sheet: RTI filed on 31.10.2017, CPIO reply - Nil, FAO - Nil, Second appeal filed on dated - Nil,
Hearing on 20.09.2018;
Proceedings on 13.04.2018: Appellant present, Public Authority represented by CPIO. Mr.
SaravanaPerumal and Mr. B. J. Verma. Directions and show cause issued.
Proceedings on 20.09.2018: Appellant present at CIC, Public Authority represented by Mr. Vinod
Kumar, Under Secretary, Mr. Arun Kumar Singh, Under Secretary at CIC and Mr. Chetan Pathare,
General Secretaryfrom NIC Mumbai;
Date of Decision - 08.11.2018: Penalty imposed and disposed of with directions.
ORDER
FACTS:
1. The appellant sought the (i) certified copies of date of sample collection of every single event/competition/selection trial levels in 2015-16 for adventure sports, aquatics, archery, athletics, badminton, cycling, football, hockey, kabaddi, rowing, shooting, table tennis, taekwondo, kayaking and canoeing (ii) certified copies of in-competition, out-of-competition, blood samples, urine pertaining to sports/disciplines for 2015-2016. The CPIO replied on 17.102.107 that the details sought along with corresponding annexures were supplied to the appellant.
2. The Commission's order dated 28.06.2018:
2. Mr. Deepak Sandhu, appellant alleged that the public authority NADA, National Dope Testing Laboratory, Sports Authority of India and Ministry of Youth Affairs and Sports gave contradictory information in response to various RTI applications filed by Mr. Deepak Sandhu. He gave an example of figures given by NADA regarding weightlifting in 2016. NADA in its letter dated 11.07.2017 and CIC/MOYAS/A/2018/610300 Page 1 03.10.2017 claimed that during 2016 total number of blood samples collected are 24 in number, 13 samples were Out-Competition and 11 were In-Competition.
3. Whereas the national dope testing laboratory wrote a letter dated 27.07.2017, claimed that vide sequence no. 5230 claimed that all 24 blood samples were taken Out-Competition (this is in contradiction to claim of NADA, which says all 24 blood samples were In-Competition). The appellant pointed out that NADA has further contradicted in its letter dated 25.08.2017 that sequence no. 07 and date of sample collection is 09.03.2016 claiming that all 24 samples taken are In-
Competition.
4. In Hockey 2015, NADA claimed that 90 urine samples were taken In- Competition and 50 Out-Competition for the same period national dope testing laboratory claimed that 96 Out-Competition and 24 In-Competition urine samples were taken. In cycling 2016, sequence no. 4906, for senior, junior, sub-junior national road championship, NADA claimed that 21 In-Competition urine samples were taken on 29th February 2016, whereas the competition happened in November 2016, which means that they are not In-Competition samples.
5. Similarly in triathlon 2016 NADA claimed two urine samples In-Competition were taken whereas NDT lab says 6 samples were taken. For testing each and every sample the state has to spend around Rs. 20,000. So any fudging of figures regarding samples amounts to misappropriation of statement, similarly every contradiction in figures pertaining to samples like In-Competition or Out- Competition means that most of the samples were not taken neither during the Competition nor Out of Competition, which amounts to wastage of testing, because there is no point in conducting tests for In-Competition and Out-Competition samples. It also means that there was no testing of In-Competition and Out- Competition tests at all.
6. Mr. Deepak Sandhu also pointed out that Sports Authority of India made a contradictory statement regarding the grants released from the Government of India to the National Rifle Association of India. Further, the Minister of Youth Affairs and Sports laid a table on house and a statement was made on 27.07.2016 claiming that Rs. 10.39 crores was granted to National Rifle Association of India. During 2014-15, the Sports Authority of India vide their letter dated 31.07.2017 claimed that Rs. 22.80 crores was granted to this association during the same year. The aforementioned figures are having drastic differences.
7. Mr. Deepak Sandhu also nailed the lie of Indian Power Lifting Federation which on 02.06.2017 claimed that it has not received any grants, hence it is not public authority. He has shown the statement of concerned Minister for Lok Sabha that Rs. 5.25 lakh was paid to IPL Federation during 2014-15. The CPIO and Under Secretary Mr. A. K. Patro on 04.07.2017, wrote to Indian Power Lifting Federation that they have received grants and concessions, hence it cannot claim to be not a public authority. Mr. Deepak Sandhu also pointed out that Sports Authority of India gave certified copies of two letter granting Rs. 75,000/- each on 19.02.2015 and 23.02.2015 for the year 2014-15.
8. Mr. Deepak Sandhu also pointed out that India Weigh Lifting Federation requested NADA repeatedly for sending a representative to conduct anti-dope test, but alas, no information was received. This was the fate of Indian Powerlifting Federation, Indian Bodybuilding Federation and Indian Weightlifting Federation.
9. Mr. Deepak Sandhu said that he has bundles of documents collected through RTI requests which shows hundreds of such conflicts and contradictions which CIC/MOYAS/A/2018/610300 Page 2 reflect huge scandal involving hundreds of crores of rupees and also reflecting that the monstrous doping was tacitly permitted without conducting necessary test but spending huge money on conducting tests on false samples or fudging the records of samples and tests.
10. Mr. Deepak Sandhu alleged that when he has sent a representation with all necessary documents on 19.09.2017 regarding submission of corruption evidences, he received a response on the very next day that the claim was "closed and no action required". Thereafter, Mr. Deepak Sandhu filed an RTI application seeking reasons and necessary documents for closing the complaint without action. On 23.10.2017 an RTI was filed for which PMO on 14.11.2017 forwarded the complaint to Ministry of Youth Affairs and Sports and similarly on 02.09.2017, a complaint was filed regarding the corruption instances enclosed with a pdf document to PMO, but on 05.09.2017 they came up with the same response that "case closed and no action required". And in response to this, another RTI vide dated 20.09.2017 was filed before PMO to ascertain the reasons and explanations for arbitrary disposal. In response to the aforementioned RTI, the PMO revived the same grievance and forwarded the grievance/complaint to the Ministry of Youth Affairs and Sports for further action. But on 30.10.2017, the Ministry of Youth Affairs and Sports replied as "case closed, suggestion noted" without taking any action nor they have provided any documentary evidence for closing the matter. Mr. Deepak Sandhu further avowed that around hundred such complaints were arbitrarily closed by PMO and Ministry of Youth Affairs and Sports for the reasons best known to them, in spite of detailed submissions of documents reflecting contradictions and corruptions which were also referred to the PMO.
11. In view of the above, the Commission directs the PMO to provided action taken report on the scam alleged by Mr. Deepak Sandhu. The Commission also recommends the PMO to consider this matter as high priority and initiate necessary probe into the aforementioned scandal, in the interest of justice.
12. Further the appellant submitted that no financial assistance will be extended to any federation on any account until they certify that they are fully complying with WADA and NADA rules in all respects to the satisfaction of this department. In connection to the above, the following points as highlighted by Mr. Deepak Sandhu that shows what all rules/guidelines are breached by Ministry of Youth Affairs and Sports, Sports Authority of India and National Sports Federation in connivance with NADA and NDTL:
National Sports Development Code of India 2011 (Annexure XX, XXI); WADA Code 2015 International Standard of Testing and Investigation (ISTI) Article number 2.4 (Whereabouts Failures); 5.1 (Purpose of testing and investigations); 5.2 (Scope of testing); 5.4 (Test distributing planning); 5.5 (Testing requirements); 5.6 (Athlete Whereabouts Information); 5.8 (Investigation and Intelligence gathering) including part two: Standards for testing 4.0 (Planning Effective Testing); 4.1 (Objective); 4.2 (Risk Assessment); 4.3 (Establishing overall pool of athletes); 4.4 (Prioritizing between sports and / or disciplines); 4.5 (Prioritizing between different athletes) (4.5.1 to 4.5.4); 4.6 (Prioritizing between different types of testing), Athlete biological passport (Haematological and steroidal) for the athletes come under registered testing pool / national event and guidelines as per provisions 3.2 and 6.2 of the Code which allows the use of results to establish profile of doping by athletes. In case if, direct methods of detection of EPO adverse analytical findings (if negative), then indirect methods CIC/MOYAS/A/2018/610300 Page 3 including blood variables, longitudinal profiles, testimonies may remain relevant to establish anti-doping rule violations including TD2014SSA guidelines have been blatantly breached.
13. The Commission further directs the CPIO, Ministry of Youth Affairs and Sports to provide all the documents that highlights the closing of the case along with reasons, within 21 days from the date of receipt of this Order.
14. The Commission directs the CPIO, Indian Bodybuilding Federation, Mumbai to show-cause why maximum penalty should not be imposed against him for providing contradictory and misleading information; CPIO, Indian Powerlifting Federation, Jamshedpur to show-cause why maximum penalty should not be issued against him for illegally denying the information under the pretext that they are not a public authority and also misleading the Commission. All explanation/responses should reach the Commission on or before 30.07.2018. The matter is posted for compliance and penalty proceedings on 23.08.2018.
Decision :
3. The appellant submitted that there are hordes of contradictions in the information provided by the Weightlifting Federation saying that NADA collected the samples from in-competition whereas the authorities from the lab had stated that the samples were collected out-competition. He further submitted that the NADA itself contradicts their statements on 25.08.2017 stating that the samples were collected at Patiala. Mr. Deepak Sandhu further explained that the statistics provided were contradictory and he can establish such inconsistencies in all 43 sports/disciplines for the year 2015-16.
4. Shri Chetan Pathare, CPIOIndian Bodybuilding Federation, from NIC Mumbai submitted that 122 pages of information were provided to the appellant. He further explained that out of 4 national bodies for body-building, only the Indian Bodybuilding Federation is recognized by Government of India. Shri Chetan M. Pathare, CPIO in his written submissions dated 10.10.2018, explained as under:
"It is most humbly submitted on behalf of the respondent that under the directions of this Hon'ble Court the Respondent is hereby submitting all the requisite documents along with the information as mentioned below:
1. Number of dope test committed by NADA on the athletes of Indian Body Builders Federation after 2012. It is most humbly submitted that the Appellant had initially requested for information pertaining to the year 2015-2016 only as per his application dated 10.06.2017 and the Directions as issued by this Hon'ble Court by its order dated 21.11.2017. The Indian Body Builders Federation is giving complete information about the dope test results conducted in the competitions by NADA. It is further submitted that requisition for doping CIC/MOYAS/A/2018/610300 Page 4 tests were always made to NADA by way of email communication and by sending the copy of notice/circular. But is was prerogative of NADA whether to conduct dope tests or not.
2. We are hereby annexing the list of dope test conducted of all the athletes of the Indian Body Builders Federation during its competitions from the year 2012 till date, the name of competition and date of competition in which the urine sample was taken. Furthermore we are annexing the list of athletes who were found positive for intake of banned substance by NADA.
3. Further we have informed all the respective state Association about their provisional suspension and right of the athlete to appeal before the national Anti Doping Appellate Authority and in some case the Final Order of suspension of the athletes.
4. It is also submitted that Respondent Federation have earlier informed that the Respondent Federation does not have the documents about the ban of athletes of other Federation which are not recognized by the Ministry of Youth Affairs and Sports. It is further submitted that NADA has not been informing the respondent about the anti doping tests which were conducted by them in body building discipline during Inter services body building competition. Inspite of the Services Sports Control Board being an affiliated Unit of Respondent they conduct independent doping tests on their own and also their championship is managed / organized by themselves and Indian Body Builders Federation is not asked to manage or organize the same on their behalf. Similarly there are other Federations which are not recognized by the Ministry of Youth Affairs and Sports which are also conducting National Competitions. It is possible that some of the athletes who are not participating in the competitions organized by the Respondent may also be tested by NADA and there names may appear in the list of banned athletes as submitted by NADA.
5. It is most humbly submitted that the Respondent does not provide legal services to the athletes found positive for intake of banned substance. The Respondent Federation only relies on communication from NADA on lifting of ban on athletes for intake of banned substance.
6. That, the Appellant has grievance about the dates on the email and the subject of the notice as shown in the mail being the same. He has further alleged that all the notices are in just copy and paste format. It is humbly submitted that the format of the notice and the subject did not change due to error but the date, place of competition and the type of competition is different in all the notices and circulars as issued by the Respondent Federation.
7. That, the respondent Federation again reiterates its stand of granting any information as requisite by the Appellant and is ready and willing to give any inspection as required by him.
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5. The appellant Shri Deepak Sandhu in his written submissions to the Commission dated 14.10.2018, explained as under:
Sub: A Concrete Evidence depicting the Fraud Committed by NADA, NDTL & IBBF, Mumbai during Compliance of the case vide no. CIC/MOYAS/A/2018/610300 dated June 28th 2018 Respected Sir, It is indeed stated that the following enclosed evidence explicitly substantiate the Cheating / Fraud committed by NADA, NDTL & IBBF, Mumbai even during the compliance of the aforesaid case.The letter dated 10.10.18 enclosing 03 documents, (Annexure A & B) conspicuously depicting that the events / competitions have been organized by IBBF, Mumbai & there was even not a single player was found doped during the year 2015-16.Whereas, NADA's letter number 11/11/2017/NADA dated 20/04/17 enclosing Annexure B apparently depicting at serial number 60 for the Year 2016, a player namely Joginder Chauhan was found doped 'Positive'.While, on contrary to its own above statement, NADA letter number 11/04/2017/NADA dated 19-20/4/2017 stated in its point no. 02 that during 2015-16, NADA has not carried out any dope testing from the discipline Bodybuilding, Powerlifting & Kabbadi.
Furthermore, NADA letter no.11/20/2017/NADA dated 09/11/2017 during the inspection depicted that just 02 requisition letters moved by IBBF, Mumbai to NADA for the year 2015-16.On damn contrary to that, IBBF, Mumbai letter dated 10.10.18 Fraudulently wants to concede that the email or manual documents (The Forged Ones) vested in the spiral binding book comprising of 122 documents are reliable & the Manipulation / Fabrication was just a Error. (case no. 140574) It is well understood that where these Forged mailreached if not received by NADA ?
Similarly, a flagrant Fraud committed by NADA has been unveiled upon comparison of 04 with contradictory reports regarding a same Sports / discipline.I opted hereby only Weightlifting 2016 for the reference purposes otherwise it's the same fate in all of the 43 Sports / discipline during 2015-16.
That during compliance letter no. 11/01/2018/NADA dated 27.07.18 stated that the 24 dope samples collected from New Delhi as in competition, while, NADA letter number 11/24/2017/NADA dated 25/08/2017 stated that these 24 in competition samples had been collected from Patiala.
While, NADA letter number 11/24/17/NADA dated 03/10/17 stated that these samples are 11 in-competition & 13 Out-of-Competition and hence 24in toto.Whereas, NDTL in its letter no. F. No. 141/Admn/NDTL/2016-17/850 dated 27.07.17 showed these 24 Samples are all Out-of-Competition.Lastly, it is reiterated that there is no version for the compliance of the aforesaid case yet be provided by NDTL uptil now nor any single replication regarding the difference in release of Grants to various NSF have been provided by Sports Ministry.
It is with heavy heart submitted that such a Fraud Public Authority namely IBBF, Mumbai through itsmanipulative and non sense tactics wants to justifythat NADA might be collected Dope Samples from any other anonymous Body Building Federation that might be certainly not affiliated by MYAS, New Delhi.
CIC/MOYAS/A/2018/610300 Page 6 It is also requested that the documentary evidencesenclosed in earlier email to the Hon'ble Commission should also be considered before deciding the Final Verdict & further allow me to produce thousand of such similar evidences apparently substantiating the High Profile Corruption Case.
Conclusively, a firm recommendation for the Registration of FIR in my Criminal Complaint vide No. 89 IGP, 22.02.18 before DGP, Haryana provided with 1450 Concrete Documentary Evidences should also be ordered by the Hon'ble Commission in the interest of Law & Justice.
6. Appellant has pointed out glaring contradictions which create doubts about huge corruption in conducting these anti-dope tests, and also about deliberate suppression of information for the fear of exposing that corruption. The appellant made out specifically that the samples taken and tested were to be different; there was no proper marking of samples, there seems to be total confusion as to which samples were sent, which were tested and what was found out. He alleges that there is a huge cover up.He was struggling to match the hundreds of pages given by the respondents. The real information is buried under the bundles of the irrelevant information and concerned officials of sports body are trying to hide their deeds. Even the amount spent on testing might not be serving purpose. Perhaps certain samples are being tested just to spend money. There are two suspicions, 1) suppression of information and 2) huge corruption in sample collection and tests.
7. In view of the above observations, the Commission finds Mr. Chetan Pathare, the present CPIO liable under section 20 of RTI Act and imposes a penalty of Rs. 25,000/- upon him. The penalty of Rs. 25,000/- shall be deducted by the Public Authority from the salary of Mr. Chetan Pathare by way of demand draft drawn in favour of "PAO CAT", New Delhi and forward the demand draft addressed to Deputy Registrar (CR-II), email: [email protected] Room No. 106, First Floor, Central Information Commission, Baba Gangnath Marg, Munirka, New Delhi-110067. The first installment should reach to this Commission 05.01.2019 and the last installment should reach to 06.05.2019.
8. The Commission strongly recommend the Secretary, Ministry of Youth Affairs and Sports to commission an inquiry as soon as possible into anti-dope testing related irregularities, which might have assumed proportion of a scandal. The Commission upon perusal of records and hearing the submissions of both the CIC/MOYAS/A/2018/610300 Page 7 parties, directs the First Appellate Authority of Ministry of Youth Affairs and Sports to probe into the allegation of suppression of information and provide a comprehensive report to the appellant, within 21 days from the date of receipt of this Order along with a copy to this Commission. Disposed of.
SD/-
(M.Sridhar Acharyulu)
Central Information Commissioner
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