Central Information Commission
Nutan Thakur vs Cbi on 27 August, 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 :CIC/CBRUI/A/2019/154615
CIC/CBRUI/A/2019/154616
CIC/CBRUI/A/2019/154613
CIC/CBRUI/A/2019/154614
CIC/CBRUI/A/2019/154594
Nutan Thakur ....अपीलकता /Appellant
VERSUS
बनाम
CPIO,
Central Bureau of Investigation,
RTI Cell, O/o the Head of Branch,
CBI HQ Building, CGO Complex,
Lodhi Road, New Delhi - 110003. .... ितवादीगण /Respondent
Date of Hearing : 26/08/2021
Date of Decision : 26/08/2021
INFORMATION COMMISSIONER : Saroj Punhani
Relevant facts emerging from appeal:
RTI application(s) filed on : 22/08/2019
CPIO replied on : Not on record
First appeal(s) filed on : 05/10/2019
1
First Appellate Authority order : 05/11/2019
2nd Appeal(s)/Complaint dated : 06/11/2019
Information sought:
File No :CIC/CBRUI/A/2019/154615 The Appellant filed a 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 hadon 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, provide the following information;-
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."
File No: CIC/CBRUI/A/2019/154616 The Appellant filed a RTI application dated 22.08.2019 seeking the following information:
"As per 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 2 suspended Deputy Superintendent of Police Devender Kumar. In above background, provide the information:-
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 officer, 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. Provide their details."
File No : CIC/CBRUI/A/2019/154613 The Appellant filed an RTI application dated 22.08.2019 seeking 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 the above background, provide the information :-
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.3
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. Provide details of actions taken in these complaints year wise.
10. In how many of these cases, criminal cases were registered."
File No : CIC/CBRUI/A/2019/154614 The Appellant filed an RTI application dated 22.08.2019 seeking 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 suspendedas 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, provide the 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 manycomplaints 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 complaintsyear wise.
10. In how many of these cases, criminal cases were registered.
File No : CIC/CBRUI/A/2019/154594 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 -4
The Central Bureau of Investigation (CBI) on Tuesday suspended Deputy Superintendent of Police Devender Kumar. In above background, provide the 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. 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. 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."
Having not received any response from the CPIO, the appellant filed First Appeal(s) dated 05.10.2019.
FAA's order dated 05.11.2019 upheld in a composite manner a reply of the CPIO dated 21.10.2019 which is not available in the records and also advised the CPIO to adhere to the time lines prescribed under the RTI Act.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant set of Second Appeal(s).
Relevant Facts emerging during Hearing:
The following were present:-
Appellant: Present through audio conference. Respondent: Anil Bisht, DSP & Rep. of CPIO present through audio conference.
The Rep. of CPIO submitted that since the Appellant had categorically indicated in the RTI Application that she wants the information only from DoPT, the instant set of RTI Applications were transferred to DoPT on 21.10.2019.
Decision:5
The Commission observes from a perusal of the facts on record that the instant RTI Application(s) although being filed with CBI specifically seeks information from DoPT and also urges that the RTI Applications should not be transferred to CBI, which renders the instant set of appeals against CBI as not maintainable and warrants no further action in the matter.
The appeal(s) are disposed of accordingly.
Saroj Punhani (सरोजपुनहािन) हािन) 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 / 6