Dr. Krishan Kumar Saini vs Central Reserve Police (Crpf), … on 7 January, 2009

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Central Information Commission
Dr. Krishan Kumar Saini vs Central Reserve Police (Crpf), … on 7 January, 2009
                         CENTRAL INFORMATION COMMISSION
                           Appeal No.CIC/WB/A/2007/00936 dated 19.9.2007
                             Right to Information Act 2005 - Section 19


Appellant        -          Dr. Krishan Kumar Saini
Respondent           -      Central Reserve Police (CRPF)
                            Ministry of Home Affairs (MHA).

Facts

:

By an application of 26.2.07 Dr. Krishan Kumar Saini, Ex. Director / IGP
(Medical), CRPF made an application to the Prime Minister of India under the
subject “Discrimination and whimsical application of rules, procedures for
promotion in Central Police Force – Demoralizing effect thereof – regarding”,
seeking an enquiry. This request received in the Home Ministry on 27.2.07 was
transferred by CPIO Shri S. K. Bhatnagar, Dy. Secretary, MHA to CPIO Shri
Shyam Jindal, Dy. Secretary, MHA on 28.2.07 after which Dr. Saini received the
following reply from Shri Barun Kumar Sahu, Director (Personnel) MHA dated
12.3.07:

“in terms of Sec. 24 of the RTI Act, 2005, Central Police Forces, as
listed in the Second Schedule of the Act, have been given qualified
exemption from the Act. As such, your application is not tenable
under RTI Act.”

Aggrieved, Dr. K. K. Saini has through a letter of 28.3.07 appealed to the
first appellate authority Jt. Secretary, MHA with the following prayer:

“As already explained I had sought information on gross
discrimination of similarly placed and circumstanced officers which
is gross infringement of basic human as well fundamental rights
and very much a corrupt practice that too without giving any valid
reason. Thus recourse taken to the clause quoted is not only
irrelevant but misguiding with the clear intention to shield the wrong
done.”

On not receiving a response Dr. Saini has moved a second appeal before
us with the following prayer:

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“Prayed for stoppage of corrupt practice of gross
discrimination amongst equally and similarly placed and
circumstanced officers in the matter of career progression and
to undo the injustice caused as a result of this to the appellant
and grant his due promotion as given to others.”

DECISION NOTICE

Because the first Appellate Authority has not addressed the issue raised by
appellant Dr. K. K. Saini, in the normal course this case would have merited
remand to the Jt. Secretary, MHA. However, we find that this request is with
regard to the CRPF, an Organization not covered by the RTI Act, being listed at
Sr. No. 10 of the Second Schedule of the RTI Act, 2005. It is a fact that both in
his first and second appeals Dr. Saini has insinuated an allegation of corruption
into his complaint. However, the original application itself amounts only to a
complaint regarding procedure for promotion in the CRPF. In this case his
allegation has been against what he perceives to be demoralization in service,
since there is no allegation of corruption against any official but only allegation of
discrimination by the Departmental Promotion Committee. His 2nd appeal before
us asks precisely that we “grant his due promotion as given to others”,
something outside our purview even for public authorities that fall under the Act.

Under the circumstances, it is not within our competence to admit such an
appeal. The appeal is therefore dismissed

Announced. Notice of this decision be given free of cost to the parties.

(Wajahat Habibullah)
Chief Information Commissioner
7.1.2009

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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
7.1.2009

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