Central Information Commission
Mr. Satya Prakash vs Central Reserve Police Force on 28 July, 2011
Central Information Commission
Room No. 305, 2nd Floor, 'B' Wing, August Kranti Bhavan,
Bhikaji Cama Place, New Delhi110066
Web: www.cic.gov.in Tel No: 26167931
Case No. CIC/WB/A/2010/000830/SS
Name of Appellant : Shri Satya Prakash
Name of Respondent : Central Reserve Police Force (CRPF)
ORDER
Shri Satya Prakash, the appellant has filed this appeal dated 23.7.2010 before the Commission against Central Reserve Police Force (CRPF) for not providing information to his RTI-request dated 1.5.2008.
2. The appellant filed RTI-request dated 1.5.2008, seeking twenty three documents for defending his case in High Court of Rajasthan against his premature retirement from service. The CPIO vide letter No R.VII-I/08-EC.8 (SP) dated 11.9.2008 has denied information by invoking Section 24 of the RTI Act.
3. Aggrieved by the reply of CPIO, the appellant filed first-appeal 18.6.2008 before FAA. The FAA, CRPF, New Delhi vide order No M.V.3/2010-NS-Adm-I dated 27.4.2011 has directed DIGP, Range-1, CRPF, Ajmer to provide information on Point Nos. 8, 14, 15 and 20 and provided point-wise information on remaining Points to the appellant. The DIGP, CRPF, Ajmer vide letter No. P.VIII-I/2009-10-EC-II dated May, 2010 has replied to the appellant stating that information on Point Nos. 8, 14, 15 and 20 was not available.
4. The Commission vide letter dated 28.4.2011 sought comments from DIG, GC-I, CRPF, Ajmer pertaining to the instant appeal. Accordingly Shri Ram Charitra, Dy. Inspector General of Police, GC-I, CRPF, Ajmer vide letter No. J.II-12/2010-Estt.II (L) dated 18.6.2011 has replied to the Commission as follows:
2 Case No. CIC/WB/A/2010/000830/SS"The appellant was enlisted in the force as Constable w.e.f. 28.12.1965. He continued to get his routine promotions upto the rank of SI and proceeded on deputation to Delhi Police. However, while on deputation to Delhi Police, he committed an act of misconduct, negligence and dereliction in discharge of his official duties , when he was on duty on
5.4.1989 at IGI Airport , New Delhi (Immigration Department) he demanded and accepted Rs. 300/- as illegal gratification from Shri Avtar Singh who arrived from Zurich by Flight No. AI-503 on 4.4.1989 and was refused entry into India due to uncertain nationality. It has also been alleged that on 7.4.1989, the petitioner returned the said amount of Rs. 300/- to Shri Avtar Singh. An enquiry was conducted by the Delhi Police against the appellant for his said act and subsequently by departmental disciplinary authority i.e. DIGP, CRPF, Ajmer (the appellant was repatriated to the parent department and posted to 9 Bn), served upon the appellant the charge sheet on 1.8.1990. Meanwhile, the appellant retired from service prematurely w.e.f. 27.12.1990 on the recommendation of Administrative Review Committee, Northern Sector, CRPF, New Delhi held on 30.8.1990. Departmental Enquiry ordered against the appellant was dropped vide DIGP CRPF, Ajmer Office Order dated 28.11.1990. Subsequently, the petitioner challenged the above order of his premature retirement before High Court, Jaipur by filing SB CWP No. 6540/1990. Initially, an interim order was passed on the said writ staying the operation of the said order of premature retirement, which was vacated on 17.9.1991. However, the petitioner continued in service due to stay. A DE was conducted by DIGP, CRPF, Ajmer. The petitioner was exonerated from all the charges framed against him. But this order was set aside directing disciplinary authority to conduct a de-novo enquiry by appointing E.O. Meanwhile the petitioner was transferred to GC-I Ajmer from 9 Bn. He again challenged the said order for conducting de-novo enquiry by filing SB CWP No. 278/93 before High Court of Jaipur along with stay application, which was accepted bt High Court. Since the stay order on earlier order dated 16.11.90 of premature retirement from service was already vacated by the High Court on 17.9.91, the DIG Range Ajmer vide letter dated 27.8.93 was directed this GC to execute the order of premature retirement without further delay by paying him three months pay in advance as per provisions contained in Rule 43(a)9i) of CRPF Rules 1955 in lieu of three months notice. Accordingly, the appellant was retired prematurely w.e.f. 28.8.1993. Subsequently, High Court dismissed the SB CWP No. 929/93 on 14.5.99 and the SB CWP No. 5495/93 on 25.5.2000 against the appellant with the direction to approach higher administrative authorities for regularization of suspension period and payment etc. The SB Civil Revision (W) No. 16/2003 filed by the appellant against the UOI was decided by the High Court, Jaipur on 18.2.2003. Now the appellant filed DB 3 Case No. CIC/WB/A/2010/000830/SS SAW No. 763/2003 against the above orders before the High Court of Rajasthan at Jaipur bench which is still pending and after 2.12.2008 no hearing has been fixed. It is submitted that no false information has been sent to the appellant pertaining to his RTI-request. In this connection, a photocopy of the IGP, Northern Sector, CRPF, New Delhi letter dated 27.4.2010 is also enclosed for ready reference."
5. After perusing the above submissions of respondent and in view of the facts and circumstances of the present case, the Commission is of the considered view that in spite of the fact that the CRPF is an exempted organization for disclosure of information u/s 24 of the RTI Act unless the information does not pertain to allegations of corruption and human rights violation, the respondent have provided information to the appellant. The Commission observes that High Court of Rajasthan had dismissed his Writ Petition for his premature retirement from CRPF. The appellant has filed SAW No. 763/2003 before Division Bench of the High Court for review of its decision, which is still pending before the High Court of Rajasthan. Therefore, no interference is called for on the part of the Commission.
The matter is disposed of on the part of the Commission.
(Sushma Singh) Information Commissioner 28.07.2011 Authenticated true copy:
(K.K. Sharma) OSD & Deputy Registrar 4 Case No. CIC/WB/A/2010/000830/SS Address of the parties:
Shri Satya Prakash, "Satya Darshan Villa", 99-A, Teachers Colony, Prem Nagar, Foy Sagar Road, Ajmer-305001.
The ACPIO, Office of the Deputy Inspector General of Police, Central Reserve Police Force, GC-I, Ajmer.
The First Appellate Authority, Office of the Inspector General of Police, Northern Sector, Central Reserve Police Force, West Block No. 8, Wing No. 2, R.K. Puram, New Delhi-110066.