Central Information Commission
Nutan Thakur vs Department Of Personnel & Training on 24 December, 2021
Author: Saroj Punhani
Bench: Saroj Punhani
के ीय सूचना आयोग
Central Information Commission
बाबागंगनाथमाग, मुिनरका
Baba Gangnath Marg, Munirka
नई द ली, New Delhi - 110067
File No: As per Annexure
Nutan Thakur ......अपीलकता/Appellant
VERSUS
बनाम
CPIO,
Department of Personnel &
Training, RTI Cell, North Block,
New Delhi - 110001. .... ितवादीगण /Respondent
Date of Hearing : 23/12/2021
Date of Decision : 23/12/2021
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
S.No. File No. RTI CPIO Reply First FAA Order Appeal
Application Appeal filed on
filed on filed on
1. 160052 22.08.2019 05.09.2019 17.09.2019 Not on record 09.12.2019
2. 160051 22.08.2019 05.09.2019 17.09.2019 Not on record 09.12.2019
1
3. 160051 22.08.2019 05.09.2019 17.09.2019 Not on record 09.12.2019
4. 160049 22.08.2019 05.09.2019 17.09.2019 Not on record 09.12.2019
5. 160048 22.08.2019 05.09.2019 17.09.2019 Not on record 09.12.2019
6. 160047 22.08.2019 05.09.2019 17.09.2019 Not on record 09.12.2019
7. 160042 22.08.2019 16.09.2019 18.09.2019 Not on record 09.12.2019
8. 160041 22.08.2019 16.09.2019 18.09.2019 Not on record 09.12.2019
9. 160040 22.08.2019 16.09.2019 18.09.2019 Not on record 09.12.2019
10. 160090 22.08.2019 16.09.2019 18.09.2019 Not on record 09.12.2019
11. 160089 22.08.2019 05.09.2019 17.09.2019 Not on record 09.12.2019
12. 160088 22.08.2019 16.09.2019 18.09.2019 Not on record 09.12.2019
13. 160087 22.08.2019 05.09.2019 17.09.2019 Not on record 09.12.2019
14. 160085 22.08.2019 16.09.2019 18.09.2019 Not on record 09.12.2019
15. 160076 22.08.2019 16.09.2019 18.09.2019 Not on record 09.12.2019
16. 160100 22.08.2019 16.09.2019 18.09.2019 Not on record 09.12.2019
17. 162679 10.10.2019 23.10.2019 30.11.2019 12.12.2019 24.12.2019
2
CIC/DOP&T/A/2019/160052
Information sought:
The Appellant filed an RTI application dated 22.08.2019 seeking the following information:
"As per a news article CBI suspends Deputy Superintendent of Police Devender Kumar after getting 7-day custody in bribery case dated 23/10/2018 - The Central Bureau of Investigation (CBI) on Tuesday suspended Deputy Superintendent of Police Devender Kumar. In above background, kindly provide the following information as regards above news article-
1. As per official records of Department of Personnel and Training (DOPT), how many officer/employees of Central Bureau of Investigation (CBI) are presently under suspension.
2. How many of these cases are related with official misconduct.
3. How many of these cases are related with corruption and cases under Prevention of Corruption Act.
4. How many of these cases are related with custodial death and custodial torture.
5. Kindly provide the names and details of these CBI officers, against whom the above-mentioned act of suspension has been undertaken.
6. In how many of these cases, departmental enquiry along with suspension has been initiated. Kindly provide the details of these cases.
7. In how many of these cases, departmental enquiry along with suspension has not been initiated. Kindly provide their details."
CIC/DOP&T/A/2019/160051 Information sought:
The Appellant filed an RTI application dated 22.08.2019 seeking the following information:
"As per a news article CBI suspends Deputy Superintendent of Police Devender Kumar after getting 7-day custody in bribery case dated 23/10/2018 - The Central Bureau of Investigation (CBI) on Tuesday suspended Deputy Superintendent of Police Devender Kumar. In above 3 background, kindly provide the following information as regards above news article;
1. As per official records of Department of Personnel and Training (DOPT), how many officer/employees of Central Bureau of Investigation (CBI) were suspended in 2014.
2. How many officer/employees of CBI were suspended in 2015?
3. How many officer/employees of CBI were suspended in 2016?
4. How many officer/employees of CBI were suspended in 2017?
5. How many officer/employees of CBI were suspended in 2018?
6. How many officer/employees of CBI were suspended in 2019 so far?
7. How many of these cases are related with corruption and cases under Prevention of Corruption Act.
8. How many of these cases are related with custodial death and custodial torture.
9. Kindly provide the names and details of these CBI officers, against whom the above-mentioned act of suspension has been undertaken.
10. In how many of these cases, departmental enquiry along with suspension has been initiated. Kindly provide the details of these cases.
11. In how many of these cases, departmental enquiry along with suspension has not been initiated. Kindly provide their details of these cases.
CIC/DOP&T/A/2019/160050 Information sought:
The Appellant filed an RTI application dated 22.08.2019 seeking the following information:
"As per a news article CBI suspends Deputy Superintendent of Police Devender Kumar after getting 7-day custody in bribery case dated 23/10/2018 - The Central Bureau of Investigation (CBI) on Tuesday suspended Deputy Superintendent of Police Devender Kumar. In above background, kindly provide the following information as regards above news article-
1. As per official records of Department of Personnel and Training (DOPT), how many officer/employees of Central Bureau of Investigation (CBI) have criminal cases registered against them.
2. How many of these cases are related with official misconduct.
3. How many of these cases are related with corruption.4
4. How many officer/employees of CBI face cases under Prevention of Corruption Act.
5. How many CBI officer/employees face cases related with custodial death.
6. How many CBI officers have cases related with custodial torture.
7. Kindly provide the names and details of these CBI officers, against whom the above-mentioned criminal cases are registered/pending.
8. In how many of these cases, departmental enquiry has been initiated along with criminal cases. Kindly provide the details of these cases.
9. In how many of these cases, departmental enquiry along with criminal cases has not been initiated. Kindly provide their details.
CIC/DOP&T/A/2019/160049 CIC/DOP&T/A/2019/160088 Information sought:
The Appellant filed an RTI application dated 22.08.2019 seeking the following information;
"As per a news article by PTI dated 03/02/2019, CBI Officer, UP Revenue Official Arrested over Rs 126 Crore Yamuna Expressway Land Scam-The agency had on Saturday booked V S Rathore, an inspector in the anti corruption branch in Ghaziabad, Sunil Dutt, the ASI of CBI Academy Ghaziabad and tehsildar Ranveer Singh over the scam, they said. In above background, kindly provide the following information as regards above news article-
1. As per official records of Department of Personnel and Training (DOPT), how many complaints of corruption/corrupt practices came against Central Bureau of Investigation (CBI) officers during 2015.
2. How many complaints of corruption /its attempt came in 2016.
3. How many complaints of corruption/its attempt came in 2017.
4. How many complaints of corruption/its attempt came in 2018.
5. How many complaints of corruption/its attempt came in 2019.
6. How many of these complaints were enquired into. Kindly provide the year-wise information from 2015-2019 so far.
7. How many of these complaints were found to be true every year.
8. In how many of these complaints, action was finally taken, year wise.
9. Kindly provide details of actions taken in these complaints year wise.
10.In how many of these cases, criminal cases were registered.5
CIC/DOP&T/A/2019/160048 CIC/DOP&T/A/2019/160040 Information sought:
The Appellant filed an RTI application dated 22.08.2019 seeking the following information;
As per a news article CBI suspends Deputy Superintendent of Police Devender Kumar after getting 7-day custody in bribery case dated 23/10/2018 - The Central Bureau of Investigation (CBI) on Tuesday suspended Deputy Superintendent of Police Devender Kumar. The agency said Kumar was being suspended as per due procedure. This comes after a Delhi court remanded him in the agency custody for a week in a bribery case. Kumar is the second-in-command to CBI special director Rakesh Asthana, who is the prime accused in the same bribery case. Asthana, too, was divested of his duties at the agency earlier on Tuesday. In above background, kindly provide the following information as regards above news article-
1. As per official records of Department of Personnel and Training (DOPT), how many complaints of corruption/corrupt practices came against Central Bureau of Investigation (CBI) officers during 2015.
2. How many complaints of corruption /its attempt came in 2016.
3. How many complaints of corruption/its attempt came in 2017.
4. How many complaints of corruption/its attempt came in 2018.
5. How many complaints of corruption/its attempt came in 2019.
6. How many of these complaints were enquired into. Kindly provide the year-wise information from 2015-2019 so far.
7. How many of these complaints were found to be true every year.
8. In how many of these complaints, action was finally taken, year wise.
9. Kindly provide details of actions taken in these complaints year wise.
10. In how many of these cases, criminal cases were registered.
CIC/DOP&T/A/2019/160047 CIC/DOP&T/A/2019/160041 Information sought:6
The Appellant filed an RTI application dated 22.08.2019 seeking the following information:
"As per a news article by PTI dated 03/02/2019, CBI Officer, UP Revenue Official Arrested over Rs 126 Crore Yamuna Expressway Land Scam-The agency had on Saturday booked V S Rathore, an inspector in the anti corruption branch in Ghaziabad, Sunil Dutt, the ASI of CBI Academy Ghaziabad and tehsildar Ranveer Singh over the scam, they said. In above background, kindly provide the following information as regards above news article-
1. As per official records of Department of Personnel and Training (DOPT), how many officer/employees of Central Bureau of Investigation (CBI) have criminal cases registered against them.
2. How many of these cases are related with official misconduct.
3. How many of these cases are related with corruption.
4. How many officer/employees of CBI face cases under Prevention of Corruption Act?
5. How many CBI officer/employees face cases related with custodial death.
6. How many CBI officers have cases related with custodial torture.
7. Kindly provide the names and details of these CBI officers, against whom the above-mentioned criminal cases are registered/pending.
8. In how many of these cases, the departmental enquiry has been initiated along with criminal cases. Kindly provide the details of these cases.
9. In how many of these cases, departmental enquiry along with criminal cases has not been initiated. Kindly provide their details."
CIC/DOP&T/A/2019/160042 Information sought:
The Appellant filed an RTI application dated 22.08.2019 seeking the following information:
"As per a news article CBI suspends Deputy Superintendent of Police Devender Kumar after getting 7-day custody in bribery case dated 23/10/2018 - The Central Bureau of Investigation (CBI) on Tuesday suspended Deputy Superintendent of Police Devender Kumar. In above background, kindly provide the following information as regards above news article-7
1. As per official records of Department of Personnel and Training (DOPT), how many officer/employees of Central Bureau of Investigation (CBI) have criminal cases registered against them.
2. How many of these cases are related with official misconduct.
3. How many of these cases are related with corruption.
4. How many officer/employees of CBI face cases under Prevention of Corruption Act.
5. How many CBI officer/employees face cases related with custodial death.
6. How many CBI officers have cases related with custodial torture.
7. Kindly provide the names and details of these CBI officers, against whom the above-mentioned criminal cases are registered/pending.
8. In how many of these cases, departmental enquiry has been initiated along with criminal cases. Kindly provide the details of these cases.
9. In how many of these cases, departmental enquiry along with criminal cases has not been initiated. Kindly provide their details.
CIC/DOP&T/A/2019/160090 CIC/DOP&T/A/2019/160089 Information sought:
The Appellant filed an RTI application dated 22.08.2019 seeking the following information;
"As per a news article by PTI dated 03/02/2019, CBI Officer, UP Revenue Official Arrested over Rs 126 Crore Yamuna Expressway Land Scam- The CBI arrested on Sunday one of its officer and a revenue official in Uttar Pradesh Ghaziabad district in connection with the Rs 126 crore Yamuna Expressway land scam, officials said. The agency had on Saturday booked V S Rathore, an inspector in the anti corruption branch in Ghaziabad, Sunil Dutt, the ASI of CBI Academy Ghaziabad and tehsildar Ranveer Singh over the scam, they said. XXX They have been charged under the Indian Penal Code section 120B (party to a criminal conspiracy), and the Prevention of Corruption Act. Kindly provide the following information as regards above news article-
1. As per official records of Department of Personnel and Training (DOPT), has Central Bureau of Investigation (CBI) reported DOPT of this case.
2. If yes, kindly provide a copy of the complaint made against the officers.
3. Kindly also provide a copy of the Enquiry report in the matter.
4. What departmental actions have so far been taken against CBI officers in the matter.8
5. Are there allegations against other CBI officers in the given case.
6. Kindly provide the documents in the official file in DOPT (including the Notesheet and the correspondence with various offices) related with the above matter.
CIC/DOP&T/A/2019/160087 CIC/DOP&T/A/2019/160100 Information sought:
The Appellant filed an RTI application dated 22.08.2019 seeking the following information:
" As per a news article by PTI dated 03/02/2019, CBI Officer, UP Revenue Official Arrested over Rs 126 Crore Yamuna Expressway Land Scam-The agency had on Saturday booked V S Rathore, an inspector in the anti corruption branch in Ghaziabad, Sunil Dutt, the ASI of CBI Academy Ghaziabad and tehsildar Ranveer Singh over the scam, they said. In above background, kindly provide the following information as regards above news article-
1. As per official records of Department of Personnel and Training (DOPT), how many complaints of extortion or attempt to extortion came against Central Bureau of Investigation (CBI) officers during 2015.
2. How many complaints of extortion/its attempt came in 2016.
3. How many complaints of extortion/its attempt came in 2017.
4. How many complaints of extortion/its attempt came in 2018.
5. How many complaints of extortion/its attempt came in 2019.
6. How many of these complaints were enquired into. Kindly provide the year-wise information from 2015-2019 so far.
7. How many of these complaints were found to be true every year.
8. In how many of these complaints, action was finally taken, year wise.
9. Kindly provide details of actions taken in these complaints year wise.
10. In how many of these cases, criminal cases were registered.
CIC/DOP&T/A/2019/160085 Information sought:
The Appellant filed an RTI application dated 22.08.2019 seeking the following information:9
"As per a news article CBI suspends Deputy Superintendent of Police Devender Kumar after getting 7-day custody in bribery case dated 23/10/2018 - The Central Bureau of Investigation (CBI) on Tuesday suspended Deputy Superintendent of Police Devender Kumar. In above background, kindly provide the following information as regards above news article-
1. As per official records of Department of Personnel and Training (DOPT), how many officer/employees of Central Bureau of Investigation (CBI) were suspended in 2014.
2. How many officer/employees of CBI were suspended in 2015.
3. How many officer/employees of CBI were suspended in 2016.
4. How many officer/employees of CBI were suspended in 2017.
5. How many officer/employees of CBI were suspended in 2018.
6. How many officer/employees of CBI were suspended in 2019 so far.
7. How many of these cases are related with corruption and cases under Prevention of Corruption Act.
8. How many of these cases are related with custodial death and custodial torture.
9. Kindly provide the names and details of these CBI officers, against whom the above-mentioned act of suspension has been undertaken.
10. In how many of these cases, departmental enquiry along with suspension has been initiated. Kindly provide the details of these cases.
11. In how many of these cases, departmental enquiry along with suspension has not been initiated. Kindly provide their details of these cases.
CIC/DOP&T/A/2019/160076 Information sought:
The Appellant filed an RTI application dated 22.08.2019 seeking the following information:
"As per a news article CBI suspends Deputy Superintendent of Police Devender Kumar after getting 7-day custody in bribery case dated 23/10/2018 - The Central Bureau of Investigation (CBI.) on Tuesday suspended Deputy Superintendent of Police Devender Kumar. In above background, kindly provide the following information as regards above news article-10
1. As per official records of Department of Personnel and Training (DOPT), how many officer/employees of Central Bureau of Investigation (CBI) are presently under suspension.
2. How many of these cases are related with official misconduct.
3. How many of these cases are related with corruption and cases under Prevention of Corruption Act.
4. How many of these cases are related with custodial death and custodial torture.
5. Kindly provide the names and details of these CBI officers, against whom the above-mentioned act of suspension has been undertaken.
6. In how many of these cases, departmental enquiry along with suspension has been initiated. Kindly provide the details of these cases.
7. In how many of these cases, departmental enquiry along with suspension has not been initiated. Kindly provide their details."
The contents of the CPIO's replies provided vide various letter(s) dated 05.09.2019, 16.09.2019 read as under:
".........the information sought vide your aforesaid RTI applications is not available in compiled form with the undersigned CPIO of this Division and compilation of the same would disproportionately divert the resources of the Public Authority as per Section 7(9) of the RTI Act, 2005. Also, CPIO is required to provide the information as available with him in the form of O.M, Notification, rules, regulations, orders, letter and Circulars etc. Query/clarification and interpretation of information is outside the purview of the RTI Act, 2005.
3. It is further informed that a copy of your said RTI applications has already been marked to AVD-II(B) of this Department for providing the requisite information as available with them to you.
4. It is also informed that a copy of your RTI applications is being forwarded to concerned CPIO of CVC for providing the necessary information, if available with them directly to you."
__ ".....information sought vide your RTI application is not available with the undersigned CPIO. However, a copy of your said RTI application has already been marked to AVD-II(B) of this Department for providing the requisite information as available with them to you 11
3. It is further informed that a copy of your RTI application is being forwarded to concerned CPIO of CVC for providing the necessary information, if available with them directly to you.
__ Point No.:- 1 to 7. "As per records available with this CPIO, no Group-A officer of CBI is under suspension as on 16.09.2019. For Group-B and C employees of CBI, the records are maintained by CBI itself. For IPS officers in CBI, records are maintained by Ministry of Home Affairs. It may also be noted that this RTI application has already been marked to other CPIOs for providing the information, if any. The CPIO is required to provide only such information under Section 2 (f) of the RTI Act, 2005 that already exists in material form and is held by the Public Authority. Under the provisions of the RTI Act, clarification, opinion & suggestion of the CPIO are not required to be provided."
Being dissatisfied, the appellant filed First Appeal(s) dated 17.09.2019 & 18.09.2019. FAA's order, if any, is not available on record.
CIC/DOP&T/A/2019/162679 Information sought:
The Appellant filed an RTI application dated 10.10.2019 seeking the following information:
"Sri Alok Verma, a 1979 batch AGMUT Cadre IPS officer and Sri Rakesh Asthana, a 1984 batch Gujarat cadre IPS officer were previously posted in Central Bureau of Investigation (CBI). On 24/10/2018 both were abruptly sent on leave and Sri M Nageshwar Rao appointed interim CBI director with immediate effect. In view of the above facts, kindly provide the following information related with the above action/orders, in larger public interest-
1. Kindly provide a copy of the official orders made in this regards.
2. Kindly provide a copy of the base material/facts with Department of Personnel and Training (DOPT) regarding facts on the basis of which such drastic actions were taken.
3. Kindly provide details of the background as on DOPT record regarding facts on the basis of which such drastic actions were taken.12
4. Kindly provide a copy of the entire file (including notesheet and correspondence) of DOPT as regards the above action/orders.
The CPIO informed the appellant on 23.10.2019 that:
"...........the file containing the requisite documents has been marked as secret. Hence, the same cannot be provided to you."
Being dissatisfied, the appellant filed a First Appeal dated 30.11.2019. FAA's order dated 12.12.2019 upheld the reply of CPIO.
Feeling aggrieved and dissatisfied, theappellant approached the Commission with the instant Second Appeal.
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Informed the registry attached with this bench that the case may be decided on merits.
Respondent: Sanjay Kumar Chaurasiya, US & CPIO and Ganga Kumar Sinha, US & CPIO present through audio conference.
The CPIOs submitted that appropriate replies have been provided to the RTI Applications and as such all of these RTI Applications seek records related to the CBI from DoPT and they have earlier also represented DoPT in similar cases of the Appellant heard against CBI & CVC.
Decision:
The Commission observes at the very outset that the instant set of cases are merely an extension of/addition to multiple appeals of the Appellant decided earlier by this bench vide orders dated 14.06.2021 (14 Appeals; 29.08.2021 (5 Appeals) and 14.08.2021 (29 Appeals) on the same subject matter. The following observations are relevant and being reiterated:
Extract from the decision of 14.06.2021 "Having perused the case records in detail, at the outset, the Commission took note of a recent decision passed by the bench of the Chief Information 13 Commissioner on 03.06.2021 in another set of Appeals of the Appellant (viz. CIC/MHOME/A/2020/101586 + etc.) against all three departments viz. CVC, MHA & DoPT and premised on identical categories of information referred to in the instant RTI Application(s) i.e concerning the service matter of Rakesh Asthana and Alok Verma. In a nutshell, the said decision of 03.06.2021 highlights upon the repetitive nature of Appellant's multiple RTI Applications and their impact on the functioning of the public authorities. In addition to emphasizing on the aspect of misuse of the RTI Act, the bench also held that all of the information sought for regarding the averred officials amounts to seeking their personal information as understood under Section 8(1)(j) of the RTI Act."
Extract from the decision of 26.08.2021 "The Commission recalls another decision issued in a bunch matter of the Appellant on 14.06.2021 (CIC/CVCOM/A/2019/152048+etc.) wherein observations regarding the repetitive nature of RTI Applications filed by the Appellant was taken note of which was on the similar lines of an earlier decision passed by the bench of the Chief Information Commissioner on 03.06.2021 in another set of Appeals of the Appellant (viz. CIC/MHOME/A/2020/101586+etc.) wherein the apparent misuse of the RTI Act by the Appellant was emphasized upon.
It is pertinent to note that the instant set of cases also suggest sheer repetitiveness and the information sought for in the RTI Application(s) does not even pertain to allegations of corruption or human rights violation per se, rather seeks unspecific statistics related to varied nature of cases dealt with against the employees of CBI."
Extract from the decision of 14.10.2021 "Having adjudicated on cases pertaining to the same subject matter and identical RTI queries as well as the same public authorities over and over again, the Commission finds no reason to decide the instant set of cases on merits and deems it fit to summarily dismiss the same as being an instance of gross misuse of the RTI Act.
The Appellant is advised to exercise her right to information in a judicious manner in the future."14
Considering the square applicability of all of the earlier decisions in the instant set of Appeal(s), no separate line of adjudication is warranted.
The appeal(s) are dismissed as bereft of merit.
Saroj Punhani (सरोजपुनहािन) Information Commissioner (सूचनाआयु ) Authenticated true copy (अिभ मािणत स यािपत ित) (C.A. Joseph) Dy. Registrar 011-26179548/ [email protected] सी. ए. जोसेफ, उप-पंजीयक दनांक / 15 ANNEXURE S.No. FILE Nos.
1. CIC/DOP&T/A/2019/160052
2. CIC/DOP&T/A/2019/160051
3. CIC/DOP&T/A/2019/160050
4. CIC/DOP&T/A/2019/160049
5. CIC/DOP&T/A/2019/160048
6. CIC/DOP&T/A/2019/160047
7. CIC/DOP&T/A/2019/160042
8. CIC/DOP&T/A/2019/160041
9. CIC/DOP&T/A/2019/160040
10. CIC/DOP&T/A/2019/160090
11. CIC/DOP&T/A/2019/160089
12. CIC/DOP&T/A/2019/160088
13. CIC/DOP&T/A/2019/160087
14. CIC/DOP&T/A/2019/160085
15. CIC/DOP&T/A/2019/160076
16. CIC/DOP&T/A/2019/160100
17. CIC/DOP&T/A/2019/162679 16