Central Information Commission
Dr. Guru Dayal Kumar Sinha vs Ministry Of Home Affairs (Mha). on 13 May, 2009
CENTRAL INFORMATION COMMISSION
Complaint No.CIC/WB/C/2009/000012 & 13 both dated 30.1.2009
Right to Information Act 2005 - Section 18
Complainant - Dr. Guru Dayal Kumar Sinha
Respondent - Ministry of Home Affairs (MHA).
Facts:
These are two appeals moved by Dr. Guru Dayal Kumar Sinha of Sonbarsa, Distt. Sitamarhi (Bihar) regarding information sought by him from the Ministry of Home Affairs.
FILE NO. CIC/WB/C/2009/000012 In this case Dr. Sinha had applied on 11.10.08 to the CPIO Ministry of Finance, Dep't. of Expenditure seeking the following information:
"Kindly supply a copy of notification of List of Gallantry Awards as notified by Ministry of Finance (Page 1) Since it is related to my life, it should be supplied within receipt of two days."
This application was forwarded u/s 6(3) of the RTI Act by CPIO Ms. Renu Jain, Dy. Secretary, Ministry of Finance on 29.10.08 to CPIO Shri S. K. Bhatnagar, Dy. Secretary. However, on not receiving a response, Dr. Sinha moved his first appeal on 6.10.08 before the MHA pleading as follows:
"1. I have not received any decision regarding notification, copy of Awards declared equivalent to Gallantry Awards.
2. Since it related to my life, hence, kindly be supplied within two days of receipt under RTI Act, 2006 Sec. 7(1)
3. Since no fee is payable, hence not enclosing any fee."
On still not receiving a response Shri Sinha then moved a second appeal before us with the following prayer:
1"1. Kindly supply the copy of list of Awards declared Gallantry Awards Equivalent notified by Ministry of Finance.
2. Punitive action be kindly taken, if found that it was transferred wrongly under section 20 (1) of RTI Act, 2005."
FILE NO. CIC/WB/C/2009/000013 In this case by an application of 3.10.08 Shri Sinha applied to the CPIO, MHA seeking the following information:
"Kindly supply a copy of Judgment of Kunal Singh (A constable in Special Service Bureau) vs. Union of India & Others, 2003 (2) JJ 132: 2003 (2) RSJ (SC)199."
To this he received a response on 22.10.08 from CPIO Shri Barun Kumar Sahu, Director (Pers) informing him as follows:
"The applicant has sought the copy of judgment of Kunal Singh (a constable in special service bureau) vs. Union of India & Ors. 2003 (2) JT 132: 2003 (2) RSJ (SC) 199.
There is a particular procedure to obtain the copy of judgment from the Registrar of Court. The applicant may approach to the concerned Court."
Upon this Dr. Sinha moved his first appeal before DG, SSB on 5.12.08 pleading as follows:
"1. Since it is related to my life and under Right to life, Right to liberty is included which includes Govt employment, I being handling (photocopy 1 to 4).
2. Hence it should be supplied under RTI Act, 2005, Section 7 (1).
3. Since you have not supplied it written 30 days, hence it has to supply free of cost under RTI Act, 2005, Section 7 (6) & 7 (4)."
Upon this, by his order of 21.11.08 Shri S. K. Bhagat, IG in the office of DG, SSB informed Shri Sinha as follows:
2"Under section 24 of the Right to Information Act, 2005, the Sashastra Seema Bal is exempted from the provision of said Act except in the cases pertaining to corruption, Human Rights violation and life or liberty of a person. Hence the documents as asked for vide your letter referred to above cannot be provided under the provision of RTI Act."
In response to the appeal notice in both cases CPI Shri S. K. Bhatnagar, DS, MHA submitted as follows:
"The RTI application dated 3.10.2008 of Shri Guru Dayal Kumar Sinha was transferred to Shri B. K. Sahu, Director (Pers), MHA and DG, SSB vide our O. M. No. A-43020/01/2008 dated 17.10.2008 and a reply was sent by Director (Pers) vide his order dated 22.10.2008. Shri Sinha's first appeal dated 10.11.2008 (received in the RTI Section on 28.11.2008) was transferred to Shri V. N. Gaur the then J.S. (Police) vide RTI Section's O. M. dated 1.12.2008. Shri Sinha also received a reply from O/o D. G., SSB vide their letter dated 21.11.2008."
As will be noted this response deals primarily with the processing of the RTI application dated 3.10.08 which falls under File No. CIC/WB/C/2009/000013, although it purports to deal with both.
The appeal was heard on 13.5.2009 through videoconference. The following are present:
Appellant at NIC Studio Sitamarhi Dr. Guru Dayal Kumar Sinha Respondents at CIC Studio, New Delhi Sh. S. K. Bhatnagar Dy. Secy., MHA Ms. Renu Sarin, Under Secy., MHA Sh. K. K. Majumdar, Under Secy., MHA Sh. Sanjay Kumar, Section Officer, MHA Sh. Barun Kumar Sahu, Director (Pers) MHA Sh. J. P. Singh, Asstt. Director, SSB. MHA Sh. N. M. Sharma, Asstt.
CPIO Sh. S. K. Bhatnagar submitted that with reference to F. No. 12 CIC/WB/C/2009/000012, the original application had not been received upon transfer from Ministry of Finance. Similarly although the appeal was received it 3 carried no copy or reference of the information sought in the initial application. The application has only now been received together with the appeal notice of 29.4.09.
With regard to File No. CIC/WB/C/2009/000013 appellant Dr. Sinha submitted that his case is one of life and liberty since he requires a copy of the judgment sought by him because he himself has suffered similar injuries. He stated that even though SSB may be exempt from the provisions of the said Act, as intimated by IG Sh. S. K. Bhagat, this is not so in cases pertaining to "life or liberty of a person".
Dr. Sinha also submitted that what he was seeking was a list of all gallantry awards not only those pertaining to Ministry of Finance.
DECISION NOTICE FILE NO. CIC/WB/C/2009/000012 Since Gallantry awards are dealt with for the Police by the Ministry of Home Affairs but those for the Armed Services by the Ministry of Defence, the CPIO MHA has transferred the request after receiving this together with the appeal notice to the DS (Police), MHA and the CPIO, Ministry of Defence. Since a response to the RTI application had been unduly delayed for no fault of the appellant, Ms. Renu Sarin, Under Secretary, MHA will now provide to appellant the list of Gallantry Awards insofar as it is held by that Ministry within ten working days of the date of receipt of this decision notice.
A copy of this Decision Notice would also be sent to the CPIO, MOD for similar necessary action in respect of the list of gallantry awards held by that Ministry. To this extent this appeal is allowed.
FILE NO. CIC/WB/C/2009/000013 4 In this case the SSB being listed at Sr. No. 15 of the Second Schedule, the RTI Act does not apply to that organization. Since the SSB is, therefore, outside the jurisdiction of this Commission and there are no allegations of corruption or human rights violation in the present case, this Commission has nothing to say in this matter. However, as already intimated to appellant Dr. Sinha by Sh. M. V. Krishna Rao, DG, SSB, MHA, in his letter of 21.1.09, "The copy of the said judgment is available on the Supreme Court web site :
"supremecourtofindia.nic.in" under the following description:
Case No. : Appeal (Civil) 1789 of 2000
Petitioner : Kunal Singh
Respondent : Union of India & Anr.
Date of Judgment : 13.2.2003
Bench : SHIVARAJ V PATIL & H.K. SEMA
Judgment : SHIVARAJ V. PATIL J."
In fact Shri Barun Kumar Sahu, Director (Pers) and CPIO in his initial response of 22.10.08 to the application of Dr. Sinha had implied similar recourse by advising that a copy of the judgment could be sought from the Supreme Court of India through its Registrar. The NIC Office in Sitamarhi was advised to download a copy of the SC Judgment and provide the same to appellant Dr. Sinha on the day of hearing. However, should Dr. Sinha require a certified copy of the judgment, he may move an application to the CPIO Shri Raj Pal Arora, Addl. Registrar (RTI), Supreme Court of India, under the RTI Rules of the Supreme Court of India. Shri J.P. Singh, Asstt. Director, SSB has down loaded a copy of the judgment which he submitted to the Commission and the same has been placed on record. This appeal is, therefore, dismissed.
Announced in the hearing. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner 13.5.2009 5 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.
(Pankaj Shreyaskar) Joint Registrar 13.5.2009 6