Central Information Commission
Meenakshi Jamwal vs Ut Of Jammu And Kashmir on 12 July, 2024
Author: Heeralal Samariya
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/UTOJK/A/2023/111111
Ms. Meenakshi Jamwal ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
UT of Jammu and Kashmir
Date of Hearing : 04.07.2024
Date of Decision : 10.07.2024
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 02.01.2023
PIO replied on : 11.01.2023
First Appeal filed on : 27.01.2023
First Appellate Order on : 25.02.2023
2ndAppeal/complaint received on : 01.03.2023
Information soughtand background of the case:
The Appellant filed an RTI application dated 02.01.2023 seeking information on following points:-
1) That a criminal complaint U/s 420, 465,466, 468, 474, 34 & 120-B IPC against accused namely Retd. Major Dalip Singh alias Daleep Singh S/o Late Partap Singh, Smt. Padma Rajput W/o Retd. Major Dalip Singh alias Daleep Singh, Bhawani Singh S/o Retd. Major Dalip Singh alias Daleep Singh, Mridula Singh D/o Retd. Major Dalip Singh alias Daleep Singh all residents of village Hirapur, P.O. Chabal District Amritsar, Punjab R/o A/P Plot No. 31-A, Bakshi Nagar, Jammu (J&K) U/s 156(3) Cr.P.C. Dated 22.10.2014 was moved before the Hon'ble Court of Chief Judicial Magistrate Jammu, J&K by the complainant.
The Hon'ble Chief Judicial Magistrate Jammu under order sr no. 247/CJM Dated 22.10.2014 ordered under Sub-Sec (3) of Sec. 156 of Cr.P.C. to the Officer Incharge Police Station Crime Branch, Jammu. Then why the contents of FIR No. 47/2016 are not in sync with the complaint?
2) That in the FIR No. 47/2016 it was further alleged that the complainant in her complaint stated that Dalip Singh in connivance with others prepared fake and forged Permanent Resident Certificate (PRC) under file no. 1203 Dated 9-01- 1989 in favour of his children, Page 1 whereas the complainant as per the compliant has never alleged the same then how come the investigation agency has assumed that Dalip Singh is the only accused in the matter?
3) That the investigating agency i.e. Crime Branch, Jammu is well aware of the fact that the main beneficiaries of the fake and forged Permanent Resident Certificate (PRC) are accused Bhawani Singh S/o Retd. Major Dalip Singh alias Daleep Singh and Mridula Singh D/o Retd. Major Dalip Singh alias Daleep Singh still they were given a clean chit by the Crime Branch, Jammu and their names as accused have been deliberately omitted from the FIR No. 47/2016. Further the residential property situated at Plot No. 31-A, Bakshi Nagar, Jammu purchase in the name of accused Smt. Padma Rajput W/o Retd. Major Dalip Singh alias Daleep Singh has also been given a clean chit by the Crime Branch, Jammu and her name as accused has also omitted from the FIR No. 47/2016. Why the names of the accused are omitted from the FIR and investigation?
4) That the investigating agency i.e. Crime Branch, Jammu is only relying on the fact that the fake and forged Permanent Resident Certificate (PRC) were actually prepared on the date 9.01.1989 as mentioned on the Permanent Resident Certificate (PRC) and the date mentioned on the fake and forged document is actually authentic thus proving that the accused Bhawani Singh & Mridula Singh were minor children as their D.O.B certificate mentioned their D.O.B as 27.02.1973 where as per the FSL report bearing No. 57/DOC/FSL/18 Dated 29.09.2018 the entire documents i.e. Permanent Resident Certificate (PRC) are fake and forged then how come the date as mentioned on the Permanent Resident Certificate (PRC) is considered authentic?
5) That in the status report no. CBJ/JK/22/21670 Dated 21-07-2022 filed before the Hon'ble Court of City Judge, Jammu by Crime Branch, Jammu that the daughter Mridula Singh of the deceased accused Daleep Singh has got employment in health department as medical officer of the state J&K and the act of the deceased accused has caused wrongful loss to the Govt. Exchequer. The complainant is not able to grasp the context of reference by Crime Branch, Jammu in the above mentioned paragraph, How come a person that has submitted a fake and forged document while securing a Govt. job and serving in a government job, drawing monthly salary has nothing to do with the committing of crime and some other individual is being prosecuted for the same?"
The Dy. Superintendent of Police & PIO, Crime Branch, Jammu vide letter dated 11.01.2023 replied as under:-
".......... as reported by Incharge FIR Section of Crime Branch Jammu that Challan of Case FIR No. 47/2016 u/s 420, 465, 466, 468, 120-B RPC has been produced before the Ld. Passenger Tax Court Jammu on 21.09.2022 against accused person namely Daleep Sing (Expired), S/o Late Sh. Partap Singh R/o H.No 31-A Bakshi Nagar Jammu.
Hence Information is provided as desired."
Page 2 Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 27.01.2023. The FAA vide order dated 25.02.2023 stated as under:-
1. With regard to point No. 1:- It is to mention that the complaint was received in this office from the Hon'ble court of Law under section 156 (3) Cr.PC and accordingly as per procedure in vogue, criminal proceedings were initiated with the approval of Crime Hqrs J&K. In this regard, PV No. 90/2014 was initiated for probe into the matter.
During probe prima-facie offences punishable offences 420,465,466,468,120-B RPG were made out. Accordingly, formal case FIR No. 47/2016 U/S 420,465,466,468, 471 RPC was registered with Crime Branch, Jammu for in-depth investigation.
2. It is to mention, here that after thorough investigation of case, offences U/S 420,465,466,468,471 RPC were made out against accused Daleep Singh S/O late Shri Partap Singh R/O House No. 31-A Bakshi Nagar Jammu (now expired) and the charge sheet U/S 173 Cr.PC stands already produced against the accused person before the Hon'ble Court of Law vide challan No. 20/2022 dated 26.09.2022.
3. It is to mention here that the children of the accused namely Daleep Singh during the course of investigation have been found minors when the alleged forged PRC were prepared by the said accused Daleep Singh in the name of his children. As such, the children have no role to play in making PRC's. In this regard, both the children of the accused filed a petition before the Hon'ble High Court J&K Jammu, seeking quashment of FIR. The Hon'ble High Court J&K Jammu on 17.01.2017 firstly stayed the investigation of instant case and finally on 06.08.2021 passed an order to the effect that since the children of accused Daleep Singh were minors at the time of preparation of alleged forged PRC's as such they cannot be arraigned.
4. During investigation it came to fore that the allegations levelled in the complaint was with regard to fake and forged PRC's, however, it is not mentioned or alleged in the complaint as to whether the document/documents in question were post dated or ante dated. The allegations with regard to fake and forged documents have been fully established during the course of investigation by Crime Branch, Jammu.
5. It is to mention that the matter with regard to availing in employment as Medical Officer by Mridula Singh Jamwal D/O retired Maj. Daleep Singh by virtue of production of fake and forged PRC, the matter was taken up with Secretary to the Government Department Health and Medical Education J&K Srinagar vide in this office letter No. CBJ/JK/22/31642 dated 20.09.2022 and a detailed investigation report stands also forwarded to the concerned department for necessary action under rules. Similarly, matter with regard to Bhawani Singh S/O Retd. Maj. Daleep Singh was taken up with Registrar Shri Mata Vaishnov Devi University Katra and in reply the University vide letter No. SMVDU/ADM/2022/3906-07 dated 05.05.2022 Intimated that Mr Bhawani Singh is working as a Senior Technical Assistant in the University with effect from 20.02.2006. However, it is also Page 3 mentioned that the said post was advertised by the University as general in nature without assigning the cadre, as such he has not availed the benefit of PRC for obtaining his job at Shri Mata Vaishno Devi University."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Not present Respondent: Mr. Sajab, PIO, O/o Dy. SP - participated in the hearing The Respondent stated that the relevant information has been duly furnished to the Appellant from their official record. He further stated that the complaint of the Appellant was registered and after thorough investigation of case, offences U/S 420,465,466,468,471 IPC were made out against accused person. He averred that during the course of investigation it transpired that the children of Dalip Singh were minors when the alleged forged Permanent Resident Certificate were prepared by the said accused Daleep Singh in the name of his children. He stated that both the children of the accused- Daleep Singh filed a petition before the Hon'ble High Court J&K Jammu for quashment of FIR. Furthermore, the Hon'ble High Court J&K Jammu on 17.01.2017 firstly stayed the investigation of instant case and finally on 06.08.2021 passed an order to the effect that since the children of accused Daleep Singh were minors at the time of preparation of alleged forged Permanent Resident Certificate and as such they cannot be arraigned.
Decision:
At the outset, Commission directs the concerned PIO to furnish a copy of their latest written submission along with annexures if any, to the RTI Applicant, free of cost via speed-post and via e-mail, within 07 days from the date of receipt of this order and accordingly, compliance report be sent to the Commission.
Upon perusal of records and examining the facts of the case at hand, it is noted that the Appellant's queries had been appropriately answered by the custodian of information. Furthermore, order of FAA is comprehensive and self- explanatory. Thus, information as permissible under the provisions of the RTI Act has been duly supplied to the Appellant. In the given circumstances, no further intervention of the Commission is warranted in this case under the RTI Act.
Appeal is disposed of accordingly.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Page 4 Authenticated true copy (अनिप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 5 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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