Central Information Commission
2nd Floor, Room No. 305 B-Wing,
August Kranti Bhawan
Bhikaji Kama Place
New Delhi
Case No. CIC/WB/A/2010/000821/SS
Name of Appellant : Sh. Manendra Kumar
Name of Respondent : CRPF, Eastern Sector, West Bengal
ORDER
Sh. Manendra Kumar, the Appellant, through RTI application dated 2.11.2009
sought information regarding a departmental enquiry against him in connection with the
leakage of question paper for recruitment of constables and other matter connected
therewith. The PIO vide letter dated17.12.2009 replied to the Appellant which reads:
“In this connection, it is stated that appeal prepared by you on the subject under
reference with requesting to provide some information and documents is pertains to
departmental enquiry which was held against you under section 11(1) of CRPF Act,
1949 which cannot be termed as human right violation or corruption. As per para5 of
CO1/2007 and section 24(1) of RTI Act, 2005 if the request for information does not
relate to human right violation or corruption the information will not be furnished.”
[ Aggrieved with the reply, the Appellant filed an appeal before the First Appellate
Authority (FAA). The FAA vide decision dated 10.02.2010 upheld the reply of the
CPIO. The relevant portion of the decision of the FAA reads:
“The grounds of the appeal put forth vide your RTI appeal dated 15.01.2010 has been
examined in depth. Since, the requisite information are not related to human right
violation or corruption, the same information may not be furnished to the applicant in
terms of the RTI Act as envisaged in Para 5 of Circular Order 01.2007. A departmental
enquiry was held against you and charges were framed for the misconduct which do not
come under the purview of human right violation or corruption. In view of foregoing, the
appeal dated 15.01.2010 preferred by you rejected by appellate authority.”
The Commission through it letter dated 8.04.2011 sought the comments of PIO on
the appeal. The PIO vide letter dated 30.04.2011, reiterated to earlier reply of the PIO
and FAA to the Appellant.
On careful perusal of the relevant documents on file and also keeping in view that
facts and circumstances of the present case, the Commission is of the considered view
that the information sought by the Appellant does not pertain to allegations of corruption
or human rights violation. No interference is called in the replies of the Respondent.
The matter is disposed of on the part of the Commission.
(Sushma Singh)
Information Commissioner
16.06.2011
Authenticated true copy
(K. K. Sharma)
OSD & Asst.Registrar
Copy to:
1. Sh. Mandendra Kumar
O/o DIGP
CRPF , Amravati
Durgapur
West Bengal
2. Central Public Information Officer
O/o Inspector General of Police
Eastern Sector, CRPF
HC Block, SectorIII, P.O. IB Market
Salt Lake, Kolkata
West Bengal