Major Vasant Laxman Jadhav Retd vs Ministry Of Home Affairs on 28 August, 2024

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Major Vasant Laxman Jadhav Retd vs Ministry Of Home Affairs on 28 August, 2024

Bench: Heeralal Samariya

                              के न्द्रीय सूचना आयोग
                     Central Information Commission
                          बाबा गंगनाथ मागग, मुननरका
                     Baba Gangnath Marg, Munirka
                      नई दिल्ली, New Delhi - 110067

नितीय अपील संख्या / Second Appeal No. CIC/MHOME/A/2023/636996

Shri Major Vasant Laxman Jadhav Retd                      ... अपीलकताग/Appellant

                                VERSUS/बनाम

CPIO, Police I Division, PMA Cell, Ministry of        ...प्रनतवािीगण /Respondent
Home Affairs

Date of Hearing                      :   22.08.2024
Date of Decision                     :   22.08.2024
Chief Information Commissioner       :   Shri Heeralal Samariya

Relevant facts emerging from appeal:
RTI application filed on          :      03.04.2023
PIO replied on                    :      25.04.2023
First Appeal filed on             :      23.05.2023
First Appellate Order on          :      02.06.2023
2 Appeal/complaint received on
 nd                               :      Nil

Information sought

and background of the case:

The Appellant filed an RTI application dated 03.04.2023 seeking information on following points:-

4. "In view of MHA (PMA) letter 11026/07/2006-PMA dated 09th May 2006, please provide me following information: -

a. MHA (PMA) has not even addressed its letter 11026/07/2006-PMA dated 09th May 2006 to all Gol Departments and Ministries. Therefore, how can MHA(PMA) claim that instructions contained in this letter will apply to all Gol Departments/Ministries while recommending their Own Civil Employees for PPMG?

b. Does the instructions in MHA (PMA) letter 11026/07/2006-PMA dated 09th May 2006 in any manner apply to recommendation of Gallantry Award of PPMG to a Civil Emplovee of Gol Department/Ministry?

c. Can DARPG point out any single Word, Sentence or Paragraph from MHA (PMA) letter 11026/07/2006-PMA dated 09th May 2006 which communicates that recommendation for PPMG to Gol's Civil Employee must come from concerned State Govt and such recommendation if received directly from Gol's Department/Ministry for their own Civil Employee will not be accepted by MHA(PMA)?

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d. Will DARPG initiate action to withdraw Gallantry awards already conferred on MY three subordinate support staff including one Sena Medal for Gallantry by MOD because MHA(PMA) has termed as illegal and refused to accept the official recommendation of MY Gol Department/Ministry (BCAS/MCA) for PPMG to ME for the same gallantry act which I led from the front as Team Head?

e. My Grievance addressed to Hon President of India bearing CPGRAMS registration numbers PRSEC/E/2022/35975 dated 13 Nov 2022 and PRSEC/E/2022/41517 dated 23-12-2022 specifically mentioned that cause of my grievance is MHA(PMA) and yet Hon Presidents Secretariat forwarded these grievances to General Administration Department of Govt of Maharashtra (GAD GOM) for redressal. Further, when Hon Presidents Secretariat through my RTI Application were told that GAD GOM has NO locus standi in matters of gallantry awards to Gol's Civil Employees and their forwarding my grievances to GAD GOM is wrong, Hon Presidents Secretariat, through their RTI reply, accepted their mistake in writing with regret for wrongly forwarding my grievances to GAD GOM and thereafter forwarded my grievances to MHA(PMA) for redressal. In the light of above, will DARPG advice MHA(PMA) that rejecting the official recommendation of my Gol Department/Ministry (BCAS/MCA).for PPMG to me under the alibi that my recommendation for PPMG must come from Govt of Maharashtra is against Rule of Law and therefore MHA(PMA) must consider PPMG to me based on the recommendation of my Gol Department/Ministry (BCAS/MCA)? RTI reply from Hon Presidents Secretariat dated 28 March 2023 accepting/regretting their mistake of forwarding my grievances to GAD GOM is attached.

f. In response to my RTI Application, GAD GOM has vide their letter MAA- 2023/L.Ν.28/Office 29A dated 10-03-2023 confirmed that GAD GOM has NO locus standi in matters of gallantry awards to Gol's Civil Employees because it's a Central Govt Matter. In the light of above, will DARPG advice MHA(PMA) that rejecting the official recommendation of my Gol Department/Ministry (BCAS/MCA) for PPMG to me under the alibi that my recommendation for PPMG must come from Govt of Maharashtra is against Rule of Law and therefore MHA(PMA) must consider PPMG to me based on the recommendation of my Gol Department/Ministry (BCAS/MCA)?"

The Under Secretary, Police I Division, PMA Cell, & CPIO, Ministry of Home Affairs, New Delhi vide letter dated 25.04.2023 replied as under:-

"Please refer to your RTI application No. MHOME/R/E/23/00663 dated 17.02.2023 and letter dated 27.02.2023. In this regard, copies of this Ministry's letter dated 09.05.2006 regarding instructions for recommendations for the award of PPMG/PMG are enclosed."

Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 23.05.2023. The FAA vide order dated 02.06.2023 upheld the reply of CPIO.

Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.

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Facts emerging in Course of Hearing:

Appellant: Present Respondent: Shri D K Ghosh, CPIO and US, Police- I Division, The Appellant stated that he does not wish to pursue the instant matter any further and hence the same may be closed.

Shri D K Singh referred to his written submission sent vide letter dated 12.08.2024 the relevant extracts of which are as under:

i. Major Vasant Laxman Jadhav (Retd) has filed multiple grievances, representations, RTls in the last 2-3 years, request for awarding the President's Police Medal for Gallantry (PPMG) for his bravery during Mumbai Serial Bomb Blast in 1993.

ii) In his grievances, Major Vasant Laxman Jadhav (Retd) has informed that he retired from Army in the year 1993 after 19 years of service in Army Bomb Detection & Disposal Expert. And after retirement from Army, UPSC selected him for the post of Dy Commissioner of Security, Bomb Detection & Disposal Squad at Mumbai Airport under Govt. of India, Ministry of Civil Aviation, Bureau of Civil Aviation Security.

iii) As per the received grievances & representations, Major Vasant Laxman Jadhav (Retd) has stated that "Central Govt. Department/ Ministry (BCAS/MCA) had recommended him for PPMG within two years of performance of brave gallantry act. However, MHA (PMA) rejected this official recommendation of Central Govt.

Department/Ministry (BCAS/MCA) without giving any valid reason, observation or logic in their rejection letter 1 1020/1 19/93-PMA dated 16 May 94".

iv) it is mentioned that the stated gallantry proposal as mentioned above is very old (almost 30 years). As per Record Retention Schedule (Annexure A), the records of rejected cases of gallantry proposal are kept for 10 years only. Record file of this stated 30 years gallantry proposal is not available in MHA.

v) in response to the grievances, representations, RTls of Major Vasant Laxman Jadhav (Retd), the under-mentioned facts have been conveyed several times (Annexure B):

"As per guideline in this regard, proposal for awarding gallantry medal viz. President's Police Medal for Gallantry (PPMG)/ Police Medal for Gallantry (PIUG) to Police personnel is considered only if the same is recommended by concerned State/Organization which is then placed before Committee for its consideration. Individual recommendations/proposals for Gallantry award i.e; PPMG/PMG are not entertained. This position has already been intimated you earlier also."

vi) However, despite being apprised to him about the above-mentioned rule position of Gallantry awards (PPMG/PMG), grievances of Major Vasant Laxman Jadhav (Retd.) have been received continuously.

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vii) Further, his grievance dated 18.02.2024 was forwarded to Govt. of Maharashtra and Bureau of Civil Aviation Security, Ministry of Civil Aviation for taking appropriate action as deemed fit vide this Ministry's letter dated 13.03.2024. (Annexure C)

viii) As per SOP (Annexure D), the recommendation of gallantry award along with all requisite documents i.e Prescribed Performa, Citation, FIR, Firing Details, Seizure Memo, First Sitrep, Medical documents, Post Mortem & Magisterial Inquiry reports (wherever applicable); is considered in this Ministry, when it is received through the concerned State/Organization. So far, this Ministry has not received any recommendation in this regard.

ix) General Procedures and Guidelines governing above mentioned gallantry awards are available on Ministry of Home Affairs's Website. (URL: https://www.mba.gov.in) Decision:

Keeping in view the facts of the case and the submissions made by both the Appellant not to pursue this matter any further, the instant Second Appeal stands disposed off as "withdrawn".

Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 4 of 4 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-

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