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/WB/A/2009/000270
Name of Appellant : Sh. Laxmi Narayan Yadav
Name of Respondent : M/o Home Affairs
Background
Sh. Laxmi Narayan Yadav, the Appellant, had filed an application dated
24.07.2008 under the RTI Act. requesting for information in respect of
empanelment and promotion of officers to the Rank of DIG of Police for the last
three batches of IPS Officers i. e. 1991, 1993 batch, namely, (i) date of eligibility
for promotion as DIG, (ii) date of empanelment of the first group of officers in the
batch and (iii) date of promotion of the first group of officers in the batch as DIG.
He had similarly requested for information for the last three batches of IPS for
promotion to the rank of IG Police, to the rank / post of Jt. Secretary, to Govt. of
India, to the rank of Addl. D.G. of Police / Addl. Secretary to Govt. of India, to the
rank of D.G. of Police / post of the Secretary to Govt. of India. A Performa was
enclosed by the Appellant for providing the required information. The CPIO /
Director (Pers) M/o Home Affairs vide his letter dated 12.08.2008,replied as
follows:
“Point 1&2 The requisite information relating to empanelment of IPS officers at
various levels under the Govt. of India is contained in Tenure/Deputation Police
2000. The relevant information involves four pages and will cost Rs. 8/ (eight
rupees only).
Point3(i to iii)Promotion to the rank of DIG of Police is done by respective
Cadres.
Point4(I to iii) Promotion to the rank of IG of Police is done by respective
Cadre.
Point5 JS level empanelment is done by DOP&T.
Point6 Promotion to the rank of ADG of Police is done by the
respective cadre.
Point7 Additional Secretary level empanelment is done by Cabinet
Secretariat.
Point8 Promotion to the rank of DG of Police is done by the
respective cadres. However, empanelment as DG at the
Centre is done by the Cabinet Secretariat.
Point9 Secretary level empanelment is done by Cabinet
Secretariat.”
Smt. Inderjeet Kaur, the CPIO/Director (Police), M/o Home Affairs, vide
letter dated 18.09.2008 provided information batchwise post for which empanelled
and the years of empanelment.
Not satisfied with the reply the Appellant filed a second appeal before the
Commission. The First Appellate Authority (FAA)/Jt. Secretary (Police) M/o Home
Affairs, vide his order dated 27.10.2008 decided as follows:
“2. I have gone through the appeal filed by the appellant and the records
produced before me as the First Appellate Authority. My observations are as
under:
Copies of this ministry’s OM No. I.2103/21/97IPSIII dated 6th April,
2000 regarding eligibility / selection / empanelment/ appointment of IPS
officers at the Centre at various levels have already been provided to
the applicant vide CPIO’s letter dated 18.09.2008. The same is also
available on the website of this Ministry i. e. www.mha.nic.in
The available information regarding year of empanelment of each
batch/post has also been provided to the applicant vide CPIOs letter
dated 18.09.2008.\
Regarding date of promotion of the first group of officers in each rank,
the available information has been communicated vide CPIO’s letter
dated 12.08.2008 to the applicant that promotion of the IPS officers is
done by respective cadres and appointment in the Central Govt. on
deputation basis depends upon the availability of the vacancies. The
information regarding date of promotion of the first group of officers
cannot be provided under section 7(9) of the Right to Information Act,
2005 as it would disproportionately divert the resources of the public
authority.
3. I, therefore, do not find any merit in the appeal filed by Sh. Laxmi Narayan
Yadava and the same is rejected.”
2. The matter was heard on 20.01.2010
3. Sh. Saikat Datt and Sh. Anuradha Rayan present on behalf of Appellant.
4. Smt. Inderjeet Kaur, Directior (Police) MHA, Sh. Rajinder Kumar, S.O.
and Sh. Barun Kumar Sahu, Director, MHA represented the Respondent
Public Authority.
After hearing the parties and on going through the relevant documents the
Commission is of the view that requisite information, as per the RTI Act, had
been provided to the Appellant. Regarding the date of promotion of the first
group of officers in each rank, the Commission finds that the disclosure of the
desired information may disproportionately divert the resources of the
respondent Public Authority. Hence, the decision of the Respondent are
upheld. However, if the Appellant wishes, he may inspect the concerned files
and get the relevant information.
With these observations, the matter is disposed off accordingly.
(Sushma Singh)
Information Commissioner
20.01.2010
CIC/WB/A/2009/000270
Authenticated true copy:
(Tarun Kumar)
Jt. Secretary & Addl. Registrar
Copy to:
1. Sh. Laxmi Narayan Yadav
G. No. C 1.41 (Top Floor)
Safdarjung, Development Area
New Delhi110016
2. The Public Information Officer
Sh. Barun Kumar Sahu
Director (Pers)
Govt. of India
M/o Home Affairs
North Block
New Delhi110001
3. The Appellate Authority
Sh. V. N. Gaur
Jt. Secretary (Police)
Govt. of India
M/o Home Affairs
North Block
New Delhi110001