Central Information Commission
Bhupinder Singh vs Defence Research And Development ... on 24 September, 2024
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 No. CIC/DRADO/A/2023/136735
Bhupinder Singh ... अपीलकता /Appellant
VERSUS
बनाम
CPIO: Defence
Geoinformatics Research ... ितवादीगण/Respondent
Establishment, Chandigarh
Relevant dates emerging from the appeal:
RTI : 03.04.2023 FA : 09.05.2023 SA : 28.08.2023
CPIO : 25.04.2023 FAO : 09.06.2023 Hearing : 05.08.2024
Date of Decision: 23.09.2024
CORAM:
Hon'ble Commissioner
_ANANDI RAMALINGAM
ORDER
1. The Appellant filed an RTI application dated 03.04.2023 seeking the following information:
"मेरे भाई Jasvinder Singh S/o Darshan Singh Tech-C िजस ने िवभाग/DGRE के कु छ अिधका रयो कम चा रय से तंग आ कर दनांक 21.03.2023 को suicide कया था Page 1 of 5
(i) Jasvinder Singh ने वष 2004 से लेकर वष 2023 तक जो भी applications/reminders आपके काया लय के कसी भी अिधकारी को या आपको अपनी problem बताने के स"ब#ध म$ दए है उन सभी क) attested copy दी जाये।
(ii) ऊपर point no. (i) म$ दए गए applications/reminders के स"ब#ध म$ आपके काया लय *ारा जो भी काय वाही क) गयी उस काय वाही प,ाचार क) attested copy दी जाये।
(iii) दनांक 01.03.2023 से 31.03.2023 दनांक क) आप के द-तर क) video footage/cctv camera footage जो भी मृतक जस/वंदर /संह के कमरे /seat तथा दोिषयो Kirpal Singh, Anurag Sharma, Akshay Jain, Sudhir Dhamija के द-तरी कमरे /official seat से स"बंिधत है वह pen drive/CD के 0प म$ दी जाये
(iv) 1ी जस/वंदर /संह के suicide note म$ दज लोगो के िखलाफ आप जो भी departmental inquiry/काय वाही अब तक क) है उसक) attested copy दी जाये।"
2. The CPIO replied vide letter dated 25.04.2023 and the same is reproduced as under:-
"आपके आवेदन प, के पैरा 3 व 4 से स"बंिधत जानकारी उपल4ध न होने के कारण आरटीआई ए5ट क) धारा 2(f) के अंतग त र7 कया जाना वैध है तथा पैरा 1 व 2 म$ मांगी गई सूचना धारा 24(1) के अंतग त रखे जाने के कारण सूचना न 8दान करना यथोिचत है। आपक) जानकारी हेतु यह पुनः बताया जा रहा है क डीआरडीओ को आरटीआई अिधिनयम क) ि*तीय अनुसूची म$ रखा गया है। तदनुसार इसे कसी भी 8कार क) सूचना के 8कटन से छू ट 8ा9 है जब तक क यह कसी :;ाचार या मानव अिधकार के हनन का मामला न हो ।"
3. Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 09.05.2023. The FAA's order dated 09.06.2023 upheld the reply of CPIO.
Page 2 of 54. Aggrieved with the FAA's order, the Appellant approached the Commission with the instant Second Appeal dated 28.08.2023 stating inter alia as under:
"My deceased brother was an Outstanding employee of DGRE/DRDO and he committed Suicide after being Harassed by the DGRE/DRDO Chandigarh officials. Therefore, this case comes under HUMAN RIGHTS VIOLATIONS U/S 24(1) of RTI Act 2005. For this Kindly provide information sought under RTI Act 2005. I had not sought for any such information from Director/CPIO DGRE Chandigarh which would pose any threat to the Security of our Country..."
5. The Appellant was present during the hearing through video conference and on behalf of the Respondent, Dr. V D Sharma, Scientist 'G' & CPIO, DGRE, Chandigarh attended the hearing through video conference along with Deepak Mishra, Scientist 'G' & Nodal Officer (RTI), DD(R&D), DRDO, New Delhi attended the hearing in person.
6. The Appellant stated on the lines of the grounds of second appeal mentioned above urging that the disclosure of the information is warranted because it entails human rights violation of his deceased brother. It was alleged that the brother of the Appellant was an outstanding employee, despite that, his promotion was stalled almost four times, leading to his suicide by jumping off the DGRE/DRDO building itself. That, a suicide note was found in his pocket at the time of his death that names four officials of DRDO and despite all this, DRDO has not acted upon the said incident by causing any inquiry into the matter. It was also stated that an FIR was also lodged in their personal capacity against the DRDO officials, but no action has been forthcoming from the DRDO which is further casting aspersions in their mind regarding the role of DRDO officials in abetting the suicide.
7. The Respondent at the outset reiterated the replies provided to the Appellant and upon posed with certain queries from the Commission in the backdrop of the serious nature of allegations leveled by the Appellant, it was opined that the CPIOs present during the hearing were not completely akin to the facts of the case to rebut such allegations. However, it was also maintained that CIC has to decide if the matter involves human rights Page 3 of 5 violation as per the proviso to Section 24(1) of the RTI Act and that directions, if any, to this effect will be complied with.
Having heard the parties at length and taking note of the sensitivity of the issue at hand, it was decided that the CPIOs shall send proper written brief of the case and their rebuttal, if any, to the allegations of the Appellant alongwith supporting documents, if need be, in sealed cover, to allow the bench to decide the applicability of the proviso to Section 24(1) of the RTI Act in the matter. Similarly, the Appellant was also asked to place on record all the relevant documents referred to by him during the hearing.
8. The Commission has perused the documents submitted by the Appellant in terms of inter alia the FIR copy; alleged suicide note of Late Jasvinder Singh; alleged letters of the deceased written to the Director, DGRE/DRDO, Chandigarh dated 05.10.2021 and 04.04.2022. Further, the submissions filed by both the CPIOs from DGRE, Chandigarh & DRDO, New Delhi have also been perused in detail. It is reported therein that- "The incident was duly reported to headquarter DRDO, Delhi while an FIR was registered by appellant and the Police had taken up the further investigation process." The written brief also includes details of the records that have been so far provided to the Police by DRDO to aid the investigation, while also informing that- "In view of the ongoing investigation by Police no separate enquiry was set up. In view of the FIR, the promotion results of the three Scientists ............ have been held and hence assessment results of the scientists are kept in the sealed covers."
In the written brief submitted by DGRE, Chandigarh, the CPIO has placed on record the information as held by DRDO with respect to the information sought for in the RTI Application, including clarifications wherever the queries do not conform to Section 2(f) of the RTI Act, while also stating that - "After the surprise event, the deceased who was alive, was immediately evacuated to PGI, Chandigarh. The hospital had registered it as Medico-legal case (MLC). All possible humanitarian assistance was provided to the deceased and his family. The appellant registered the FIR. Full cooperation is being extended to the investigating agency i.e. Chandigarh Police. The latest status is being Page 4 of 5 sought from the police. Incidentally, these named persons in FIR are nowhere connected/mentioned in the documents submitted herewith."
9. Now, adverting to the strength of the material on record, in the considered opinion of this bench, within the framework of the RTI Act, the Appellant has pleaded a case involving allegations of human rights violation as envisaged under the proviso to Section 24(1) of the RTI Act. The Respondent is therefore hereby directed to provide to the Appellant a revised point-wise reply to the instant RTI Application, free of cost, in line with the information/reply placed on the record of the Commission. The said direction shall be complied with by the Respondent within 15 days of the receipt of this order under due intimation to the Commission.
10. The Appeal is disposed of accordingly.
Copy of the decision be provided free of cost to the parties.
Sd/-
आनंदी राम लंगम)
(Anandi Ramalingam) (आनं म
सूचना आयु )
Information Commissioner (सू
दनांक/Date: 23.09.2024
Authenticated true copy
Col S S Chhikara (Retd) (कन ल एस एस िछकारा, ( रटायड )
Dy. Registrar (उप पंजीयक)
011-26180514
Addresses of the parties:
1. CPIO (Under RTI Act)
DRDO, Defence Geoinformatics
Research Establishment, Him Parisar,
Sector 37A, Chandigarh - 160036
2. Bhupinder Singh
Page 5 of 5
Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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