Central Information Commission
Room No. 5, Club Building, Near Post Office
Old J.N.U. Campus, New Delhi - 110067
Tel No: 26161997
Case No. CIC/SS/A/2009/000011
Name of Appellant : Maj. Gen. Vinay Kumar Singh (Retd)
Name of Respondent : Delhi Police, Special Cell
Background
Maj. Gen. Vinay Kumar Singh (Retd), the Appellant, filed an application
dated 16.06.2009 under the RTI Act. 2005, seeking the following information from
the CPIO, Delhi Police, PHQ:
“The following up to date information, para wise in detail, duly typed and certified,
is required urgently, for the period 01.01.2001 to 31.12.2008:
1. Details of monetary awards given to Delhi Police (Special Cell) personnel
during the above period may be provided, separately for each year, under the
following headings:
(a). Place / Location in India and abroad.
(b). Name of awardee.
(c). Amount paid.
(d). Reasons for award, in brief
(e). Details of case, i.e. Name of person arrested, Court, Case No. and
Section of Act under which filed.
(f). Whether case finalized or continuing
(g). If finalized, whether accused convicted or acquitted.
2. Details as given in Para 1 above may be provided in respect of person
given gallantry awards during the period 2001 to 2008.
3. Details as given in Para 1 above may be provided in respect of persons
given out of turn promotions during the period 2001 to 2008.”
Sh. Ashok Kumar, CPIO/ Dy. Commissioner of Police, vide his letter dated
16.07.2009, provided following information to the Appellant:
“The list of police personnel (SI No. 1 to 34) who were awarded out of turn
promotion and President Police Medal (1 to 25) both separately are sent herewith,
as desired. The Gallantry Allowance to the recipients of these medals is as
under:
EXISTING (6/12/99) REVISED (8/9/08)
President’ Police Medal Rs. 750//P.M. Rs/ 1500/P.M.
For Gallantry.
Police Medal for Gallantry Rs. 450/ P.M. Rs. 900/ P.M.”
Aggrieved with the reply / decision Maj. Gen. Vinay Kumar Singh, filed a
first appeal before Sh. P. N. Aggarwal, the First Appellate Authority(FAA)/Jt.
Commissioner of Police, Special Cell, Delhi, who vide his order dated 4.09.2009
held that, as per the appeal, the Appellant has received the reply to question no. 2
and 3 of the RTI application from the CPIO and had sought reply on question no.
1. The FAA held that as regards reply to question no. 1, the information about
reward cannot be supplied to the Appellant, as disclosure of this information, would
endanger the life or physical safety of those Police personal who have arrested
and / or neutralized hard core criminals and terrorists. The FAA therefore, held
that this is exempted under Section 8(1)(g) of the RTI Act. 2005. Aggrieved with
the response the Appellant has filed a present appeal before the Commission.
2. The matter was heard on 13.04.2010.
3. Maj. Gen. Vinay Kumar Singh (Retd), the Appellant was present.
4. Sh. Alok Kumar, DCP/Spl. Cell. And Sh. Hemchand, SubInspector
represented the Respondent Public Authority.
During the hearing the Appellant submits that he is seeking information to point
no. 1 of the RTI application. The Respondent on the other hand reiterates that the
names of persons awarded cannot be provided and the same is exempt under
Section 8(1)(g) of the RTI Act. 2005. The Appellant submits that he would be
satisfied if the number of persons awarded instead of names of persons awarded,
is provided to him. He however, insists that complete information in respect of
other information sought for at point no. 1 of the RTI application should be
provided to him.
After hearing the parties and on due consideration of the matter the
Commission upholds the decision of the Respondent not to disclose the names of
the persons awarded or any other information that would disclose their identity in
view of the Section 8(1)(g) of the RTI Act. 2005. The Respondent is also
agreeable to have only the number of persons awarded and not their names.
Therefore, the Commission directs the CPIO to provided the Appellant with the
number of awardees, amount paid and reasons for the award in brief, without
disclosing the identity of awardees. The Commission further, directs that this
information be provided to the Appellant free of cost within 15 days of receipt of the
order of the Commission.
With this order, the matter is disposed of accordingly.
(Sushma Singh)
Information Commissioner
19.04.2010