Central Information Commission
Harphool Singh vs Ministry Of Home Affairs on 15 November, 2018
CENTRAL INFORMATION COMMISSION
Baba Gang Nath Marg, Munirka,
New Delhi-110067
F. No.CIC/MHOME/A/2017/117902
F. No.CIC/MHOME/A/2017/166650
F. No.CIC/MHOME/A/2017/109621
F. No.CIC/MHOME/A/2017/125701
F. No.CIC/MHOME/A/2017/141390
Date of Hearing : 29.05.2018
Date Of Interim Decision : 29.05.2018
Date Of Final Decision : 12.11.2018
Appellant/Complainant : Shri Harphool Singh
Respondent : PIO/Under Secretary & CPIO-(NZ),
Ministry of Home Affairs (Freedom
Fighter Division)
2. PIO/O/o. the Director & CPIO,
Ministry of Home Affairs (Freedom
Fighter Division)
3.PIO/Director-(NZ,INA,R&SO,CZ &
Rehab) & CPIO, Ministry of Home
Affairs (Freedom Fighter Division)
Through: Sh. Dilip Mitra-Under
Secretary
Information Commissioner : Shri Yashovardhan Azad
Relevant facts emerging from appeal:
Case No. RTI filed on CPIO reply First appeal FAO
117902 13.12.2016 12.01.2017 24.01.2017 - -
166650 19.05.2017 13.06.2017 23.06.2017 11.07.2017
109621 26.07.2016 12.01.2017 26.07.2016 05.10.2016
125701 07.01.2017 30.01.2017 14.02.2017 21.03.2017
141390 10.03.2017 10.04.2017 18.04.2017 16.05.2017
Since the parties in all of the above cases are common, the matters are
clubbed for the purpose of effective adjudication.
Information soughtand background of the case:
Page 1 of 8CIC/MHOME/A/2017/117902 Vide RTI application dated 13.12.2016, addressed to the Under Secretary & CPIO-(NZ), Ministry of Home Affairs (Freedom Fighter Division), the appellant sought information/documents in respect of Late Shri Siri Ram Freedom Fighter drawing pension and other benefits derived by his wife Smt. Anaro Devi. He Sought following information:-
1. Certified copy of certificate given by partner in Jail in Freedom Fighter Movement.
2. Certified copy of movement orders of Jail Authority in proof of his imprisonment.
3. Any other document justifying his Freedom Fighter Pension on account of Non-Sainik Pension.
Shri R.L. Meena, Under Secretary to the Government of India vide letter dated 12.01.2017 stated as follows:-
Point No. 1 to 3:- No such information is available with this section.
Being dissatisfied, the appellant filed first appeal dated 24.01.2017. Feeling aggrieved with no response received from the FAA, the appellant approached the Commission.
CIC/MHOME/A/2017/166650 Vide RTI application dated 19.05.2017, addressed to the Under Secretary & CPIO-(NZ), Ministry of Home Affairs (Freedom Fighter Division), the appellant sought information/documents in respect of Freedom Fighters Pension sanctioned by Govt. of India to Freedom Fighters from Tehsil-Pataudi, Dist- Gurgaon (Haryana) who were sanctioned Freedom Fighter Pension vide letter No. 49/140/85-2PP dated 28.01.1987 Chandigarh by Govt. of Haryana. He sought following information as follows:-
1. Certified copy of Letter/Authority of Freedom Fighters Pension sanctioned by Govt. of India to Freedom Fighter mentioned as the letter (Copy of letter of Govt. of Haryana enclosed)
2. Certified copy of letter/Authority of Freedom Fighter Pensioner sanctioned/transferred to the widow family pension to Smt. Anaro Devi W/o Late Sh. Siri Ram Freedom Fighter Village, Jatauli Ward No. 11, Tehsil-Pataudi, Dist.-Gurgaon (Haryana) mentioned in the above letter (Copy of letter no. No. 49/140/85-2PP dated 31.08.1993 of Transfer of Pension by Govt. of Haryana enclosed herewith.Page 2 of 8
3. Copy of Widow family pension Freedom Fighter list Dist. Gurgaon, Haryana enclosed herewith.
4. Any other letter/correspondence made in respect of above Freedom Fighter mention in the Letter under reference.
Shri R.L. Meena, Under Secretary to the Government of India vide letter dated 13.06.2017 denied the information u/s 8(1) (j) of the RTI Act, 2005.
Being dissatisfied, the appellant filed first appeal dated 24.01.2017. Ms. Bina Prasad, Joint Secretary & FAA vide their order dated 11.07.2017 upholding the reply of PIO.
Aggrieved as dissatisfied, the appellant approached the Commission.
CIC/MHOME/A/2017/109621 Vide RTI application dated 26.07.2016, addressed to the Under Secretary & CPIO-(NZ), Ministry of Home Affairs (Freedom Fighter Division), the appellant sought information/documents in respect of Late Shri Siri Ram Freedom Fighter drawing pension and other benefits drawn by his widow wife Smt. Anaro Devi. He sought the following information:-
1. Certified copy of certificate given by partner in Jail in Freedom Fighter Movement.
2. Certified copy of movement orders of Jail Authority in proof of his imprisonment.
3. Any other document justifying his Freedom Fighter Pension on account of Non-Sainik Pension.
Director & CPIO vide letter dated 05.01.2017 has transferred the RTI application to Mrs. Margaret Gante, Director (NZ,INA, R&SO,CZ & Rehab.) & CPIO under section 6(3) of the RTI Act, 2005.
Shri R.L. Meena, Under Secretary to the Government of India vide letter dated 12.01.2017 stated as follows:-
Point No. 1 to 3:- No such information is available with this section.
Being dissatisfied, the appellant filed first appeal dated 05.09.2016. Shri R. K. Mitra, Joint Secretary & FAA vide order dated 05.10.2016 upholding the reply of PIO.
Feeling aggrieved as dissatisfied, the appellant approached the Commission.Page 3 of 8
CIC/MHOME/A/2017/125701 Vide RTI application dated 07.01.2017, addressed to the Under Secretary & CPIO-(NZ), Ministry of Home Affairs (Freedom Fighter Division), the appellant sought information/documents in respect of Late Shri Siri Ram Freedom Fighter Pensioner, Village Jatauli, Ward No.11, Su P.O. Haily Mandi, Distt. Gurgaon (Haryana) granted pension under the Swatantrata Sanik Samman Scheme which was responded by CPIO vide letter dated 30.01.2017:-
S.I. Information asked Information furnished
Nos.
1. Copy of letter/order/Authority vide As per records available with this
which Late Sh. Siri Ram, Freedom Ministry, Freedom Fighter Pension
Fighter was granted pension under from Ministry of Home Affairs,
the above mentioned scheme by the Govt. of India was never
Haryana Government sanctioned to Late Shri. Siri Ram,
2. Copy of letter/order/Authority vide S/o. Late Shri Ganga Diya, R/o
which Late Sh. Siri Ram, Freedom Village Jatauli, Ward No. 11, Sub
Fighter was granted pension by M/o P.O. Haily Mandi, Distt.-Gurgaon,
Home Affairs, Govt. of India. Haryana.
3. Copy of letter mentioning details of
Pension granted to Late Shri Siri 2. For information on pints related Ram, Freedom Fighter by the to Freedom Fighter Pension from Haryana Govt. as well as M/o Home the State Government of Haryana. Affairs, Govt. of India. The application is transferred to
4. Copy of letter/Authority/order by State Government of Haryana U/s which his dependents were 6(3) of the RTI Act to provide authorized to draw his pension and information on this point directly to other benefits after his death the applicant under intimation to
5. Copy of letter/Authority/order this Ministry.
enhanced the pension by Govt. of Haryana and enhanced Govt. of India in the year 2016.
Being dissatisfied, the appellant filed first appeal dated 14.02.2017. Ms. Bina Prasad, Joint Secretary & FAA vide their order dated 21.03.2017 upholding the reply of PIO.
Aggrieved as dissatisfied, the appellant approached the Commission.
Page 4 of 8CIC/MHOME/A/2017/141390 Vide RTI application dated 10.03.2017, addressed to the O/o. the Director & CPIO, Ministry of Home Affairs (Freedom Fighter Division), the appellant sought information/documents in respect of Smt. Anaro Devi W/o Late Shri Siri Ram Freedom Fighters, who is drawing Freedom Fighter widow/family pension. He sought following information:-
1. Certified copy of Note-Sheet processing the Widow-Family Pension of Smt. Anaro Devi W/o Late Shri Siri Ram Freedom Fighter.
2. Certified copy of order/letters sanctioning widow/family pension to Smt. Anaro Devi W/o. Late Shri Siri Ram Freedom Fighter.
3. Certified copies of Letters/correspondence made in this respect by the office D.C. Gurgaon.
Director & CPIO vide letter dated 10.04.2017 stated as follows:-
".....the information sought by appellant is not available with this section of FFR Division of Ministry of Home Affairs. However, appellant is advised to approach the concerned State Govt. in this matter."
The appellant filed first appeal dated 18.04.2017. Ms. Bina Prasad, Joint Secretary & FAA vide their order dated 16.05.2017 upholding the reply of PIO.
Aggrieved as dissatisfied, the appellant approached the Commission.
Facts emerging in Course of Hearing:
Both parties are present and reiterate their respective stance. The appellant has emphasised the need for this information stating that he believes a large portion of Government revenue in the form of financial assistance earmarked for the needy dependents of freedom fighters is misused. Such aid and assistance for the financial weak families of freedom fighters often lands up in the hands of undeserving and incorrect people. The appellant has expressed confidence that the information sought by him will also unearth one such undeserving family - the freedom fighter Late Shri Siri Ram and his wife - Smt. Anaro Devi whose offsprings are financially sound enough to maintain their mother foregoing the freedom fighter pension. He has alleged that the said Shri Siri Ram got the Freedom Fighters Pension sanctioned for himself without fulfilling the necessary criteria of imprisonment while fighting for the freedom of the country. Thus the appellant has challenged the grant of the pension to deceased Shri Siri Ram and his wife on grounds of being unscrupulous and non genuine claimants.Page 5 of 8
The Respondent on the other hand has clarified that while they are certain that dependent of the freedom fighter is drawing pension, yet the concerned file is not available. He went on to add that since the appellant had merely sought information about the family pension drawn by the dependent of the Freedom Fighter, without the PPF Number the Respondent could not trace it out. However, on checking the muster rolls, the Respondent found that Smt. Anaro Devi, is the mother of the appellant and is drawing dependent pension under the scheme meant to provide financial assistance to dependents of Freedom Fighters. The Respondents further elucidate that the appellant is challenging the grant of pension to his mother on account of his dispute with his brother, with whom his widowed mother resides. The Appellant's mother-Smt. Anaro Devi, to whom the information relates has expressed objection in disclosure of information to the appellant apprehending that he may cause detriment to her life. Copy of her letter expressing objections has been placed on record.
Interim Decision:
After hearing submissions of both parties, the Commission notes that the Appellant has sought these queries by way of RTI applications challenging the very basis of awarding the Freedom Fighters pension to deceased Shri Siri Ram and his wife Smt. Anaro Devi- who happen to be the parents of the appellant. It is interesting to note that the appellant's quest for truth and acting in national interest, accountability towards proper utilisation of national revenue began only in the year 2016 while the pension must have been sanctioned during the era immediately preceding Independence of the country, which is atleast seven decades back.
Be that as it may, in view of the fact that most of the valuable inputs relating to the case have been received orally, from the Respondent during the course of the hearing, it is imperative that the Respondents shall submit a brief written synopsis of the case. The Respondent is granted one week from the date of receipt of this order to place their submissions on record.
Final Decision: 12.11.2018 Pursuant to the above decision of the Commission, a communication dated 26.06.2018 has been received from Sh. Deepak Mitra-Under Secy., MHA whereby he has submitted the following contentions:
"The applicant, Shri Harphool Singh had filed the RTI's to get information/documents regarding sanction of pension under Swatantrata Sainik Samman pension to his father late Shri Siri Ram Page 6 of 8 S/o Late Shri Ganga Divya, Freedom Fighter, Village Jatauli, Ward No. 11, Sub P.O. Haily mandi, Distt. Gurgaon Haryana and after his death, transfer of pension in the name of her mother Smt. Anaro Devi W/o late Shri Siri Ram.
2. On receipt of RTIs from the applicant, the file relating to sanction of pension to late Shri Siri Ram and file relating to transfer of dependent pension in name of Smt. Anaro Devi was searched in records available with this Ministry. However, the concerned filed were not traceable despite best efforts. However, as evident from the Composite Master data (Details of various freedom Fighters and their dependents getting pension from various banks) available with this Ministry, Smt Anaro Devi is getting dependant pension against PPO No. MHAFF7297383 under SSS Yojana.
3. In the meantime, Smt Anaro Devi vide letter dated 05.06.2017 represented to this Ministry that her son Shri Harphool Singh is Misusing RTI act to harass her and is making various false complaints. She further stated that information regarding herself and her late husband, Shri Siri Ram should not be provided to her son, Shri Harphool Singh to any other person. The same has also been intimated to Shri Harphool Singh in reply to his RTI application dated 29.04.2017, 19.05.2017 and First appeal dated 23.06.2017.
3. In this regard, it is also stated that on the basis of Complaint from Shri Harphool Singh and some other persons, an enquiry has been sought from District Magistrate Gurgaon vide this Ministry's letter dated 09/11/2017 and subsequent reminder. However, the enquiry report is still awaited from the District Magistrate. As soon as the report is received, appropriate action shall be taken by this Ministry.
4. In view of the above, it is requested that the appeal of the applicant, Shri Harphool Singh may be dismissed as the information sought by the applicant is a third party information and the third party has requested this Ministry in writing that information regarding herself and her late husband. Shri Siri Ram should not be provided to her son, Shri Harphool Singh or to any other person..."
In the light of the foregoing facts and contentions as submitted by the Respondent, the Commission is satisfied that the RTI applications filed by the appellant are nothing but an abuse of the RTI Act. It is evident from the Respondent's submission that the appellant has raked up these queries in order to harass his own mother, since she has become the recipient of the family pension after the death of her husband and the appellant's father. This Page 7 of 8 welfare legislation can by no means be allowed to be abused and misused as a weapon to further any personal agenda, much less to cause harassment to a widowed senior citizen at the hands of her own son. Unfortunately, there is no mechanism under the RTI Act to address such miscreant information seekers, however, the Commission is convinced that no public interest will be served by dissemination of the information sought by the appellant.
The appeals are accordingly dismissed.
Files be consigned to Record Room.
(Yashovardhan Azad) Information Commissioner Authenticated true copy. Additional copies of orders shall be supplied against application and payment of the charges prescribed under the Act to the CPIO of this Commission.
(R.P. Grover) Designated Officer Page 8 of 8