Central Information Commission
Manvindra Singh vs Ministry Of Home Affairs on 4 July, 2025
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/MHOME/A/2024/623265
Shri Manvindra Singh ... अपीलकताग/Appellant
VERSUS/बनाम
PIO, ...प्रनतवािीगण /Respondent
Ministry of Home Affairs
Date of Hearing : 01.07.2025
Date of Decision : 01.07.2025
Chief Information Commissioner : Shri Heeralal Samariya
Relevant facts emerging from appeal:
RTI application filed on : 29.03.2024
PIO replied on : 26.04.2024
First Appeal filed on : 29.04.2024
First Appellate Order on : 20.05.2024
2 Appeal/complaint received on
nd : Nil
Information soughtand background of the case:
The Appellant filed an RTI application dated 29.03.2024 seeking information on following points:-
"That the Cabinet vide their Note dated 04.07.2019 has approved the proposal for grant of OGAS/NFFU to Group 'A' Executive Cadre Officers of CAPFs and further DoP&T vide OM dated 12.07.2019 has conveyed the same to the competent authority to extend the benefits of OGAS to Group 'A' Executive Cadre Officers of CAPFs w.e.f. 01.01.2006. Therefore, it may please be informed/clarified that:-
1) How many officers of non-executive cadres (Engineering, Transport, Telecommunications cadre) in CAPFs including ITBPF have been extended the benefits of OGAS/NFFU? Please provide me with a copy.
2) Please clarify the reasons behind extending the benefits of NFFU to non- executive cadres.
3) Whether the non-executive cadres have also been extended the status of OGAS? If yes, please provide me a copy of the order.
4) Whether the non-executive cadre officers in CAPFs specifically ITBPF get selected through UPSC. If yes, please provide a copy of the Recruitment Rules for nonexecutive cadre officers in CAPFs
5) Was UPSC consulted before extending the benefits of OGAS/NFFU to non-
executive cadre officers in ITBPF. If yes, please provide me with a copy of the letter of recommendation by UPSC.
6) Whether in civil services, OGAS/NFFU benefits have been extended to nonexecutive officers. If yes, please provide me with a copy.
7) Is there any proposal pending before the Government to extend the benefits Page 1 of OGAS/NFFU to non-executive officers of CAPFs who are not selected through UPSC? If yes, please provide me with a copy of the proposal.
8) Whether the Non-GD cadre officers come under the ambit of Executive Services? If yes, please provide me with a copy of such an order.
9) The definition of executive cadre in CAPFs and the mode of their recruitment? Please provide me with a copy of such rules.
10) And other related information."
The CPIO, Ministry of Home Affairs, New Delhi vide letter dated 26.04.2024 replied as under:-
"2. In this regard, it is to inform you that the information sought by you (Point No. 1 to 11 & 13) is in the form of query/questions and seeking opinion from the CPIO, which does not fall under the category of information as defined under Section 2(f) of RTI Act, 2005. Further, it is stated that as per DoP&T OM No. 1/69/2007-IR dated 27.02.2008, the CPIO is not supposed to create information; or to solve the problems raised by the applicants; or to furnish replies to hypothetical question. However, the information sought in Point No.12 might be available with the CAPFs including ITBP. Therefore, your RTI application is being transferred under Section 6(3) of RTI Act, 2005 to concerned CPIOs of CAPFs, for providing the information, if any, as per provisions of the RTI Act."
Dissatisfied with the response received from the CPIO, the Appellant filed a First Appeal dated 29.04.2024.
The CPIO, ITBP, CGO Complex, Lodhi Road, New Delhi vide letter dated 15.05.2024 replied as under:-
"Point No. 1 to 12:- प्रश्न संख्या 1 से 12) तक आवेिक िारा मांगी गई जानकारी सी०पी०आई०ओ० के रूप में अधोहस्ताक्षरी के पास उपलब्ध नही है।
अतः आवेिक के प्रश्न संख्या 1 से 12 को आर०टी०आई० अनधननयम 2005 की धारा 6 (3) के तहत उप- महाननरीक्षक (कार्मगक) / नोडल अनधकारी एवं के न्द्रीय लोक सूचना अनधकारी महाननिेशालय भा०नत०सी० पुनलस को स्थानांतररत दकया जा रहा है।
Point No. 13) RRs of GD Cadre Group "A" posts in ITBP were revised in accordance with DoPT guideline issued from time to time and the existing RRs of GD Cadre. Group "A" Posts issued vide GSR No. 552 dtd 11-09-2020 and 655 dtd 17.07.2018 and its subsequently amendment GSR No- 280 dtd
16.04.2021 and 1018 01.10.2018 (copy enclosed)."
In regard to his first appeal, the FAA vide order dated 20.05.2024 stated as under:-
2. "The undersigned has gone through the records of the matter and observed that the Reply dated 26.04.2024 has been furnished by the CPIO as per the provisions of the RTI Act, 2005. The RTI application was transferred to concerned CPIOS of CAPFs under section 6(3) of the RTI Act, 2005 for providing information to the applicant. Further, it is informed that the details sought by the applicant are not centrally maintained.
Page 2
3. Since, an appropriate reply has already been furnished by the CPIO to the Appellant against his RTI application, nothing further survives in the matter.
4. First Appeal is disposed off in terms of above observation."
Aggrieved and dissatisfied, the Appellant approached the Commission with the instant Second Appeal.
Facts emerging in Course of Hearing:
Appellant: Shri Varun Jowala, Advocate (AR) Respondent: Shri Manish Kumar, DIG, Shri P. Joses Vashun, Ratnesh Kumar The written submissions dated 30.8.2025 filed by the CPIO was duly taken on record.
The CPIO further submitted that CRPF being security organization is exempted to provide the information except the information pertaining to the allegation of corruption/ human rights violation under Section 24(1) of RTI Act-2005. The information sought by the appellant are neither pertaining to the allegations of corruption nor to human rights violations.
Decision:
Upon the perusal of the case records & submissions, the Commission observes that an appropriate reply has been provided by the CPIO. No Further action lies.
The Appeal stands disposed off.
Heeralal Samariya (हीरालाल सामररया) Chief Information Commissioner (मुख्य सूचना आयुक्त) Authenticated true copy (अनभप्रमानणत सत्यानपत प्रनत) S. K. Chitkara (एस. के . नचटकारा) Dy. Registrar (उप-पंजीयक) 011-26186535 Page 3 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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