To be issued in Hindi
CENTRAL INFORMATION COMMISSION
Appeal No. CIC/WB/A/2008/00569 dated 4-3-2008
Right to Information Act 2005 - Section 19
Appellant: Shri Harender Singh,
Respondent: Dep't of Personnel & Training, (DOPT)
Decision Announced 13.8.'09
FACTS
By an application of 26-12-07 Shri Harender Singh of Uttam Nagar,
New Delhi applied to the CPIO, Ministry of Personnel, Public Grievance &
Pension seeking information on the following two points:
“As per letter of DOPT F.No.42011/14/2005-Estt. (Res.) dated
21-2-2006 when it came to the notice of DOPT that OBC is
included in Central List and Delhi List as far as Delhi
Police is concerned. Please provide me the photocopy of the
same.
When DOPT came to know and thru which letter that Delhi
Police is under Home Ministry?. Please provide me the
photocopy of the same.
Please send reply in Hindi only.
To this he received the following response dated 23-1-08 in Hindi as
desired :
“In reference to para 1 it is stated that Jaat Samaj, Nazafgarh
vide letter No. JSN/2000-2001/OBCCL-49 has informed that
except the posts of Dy. Inspector (executive) on all other posts
the OBCs are included in central lists of all States and Dy.
Director (Executive) are included in the list of NCT Delhi. If you
want to have a copy of such lists you are requested to deposit
Rs. 24/- @ Rs. 2/- per page by case of IPO or Banker cheque in
the name of AO, DOPT. Thereafter a copy of the same will
be supplied to you with enclosures. It is expected from the
Ministries/Departments of GOI to act in accordance with the
Allocation of Business Rules 1961 issued by Cabinet Secretariat.
Not satisfied with this response Shri Harender Singh moved and
appeal before the Appellate Authority, Ministry of Personnel, Public Grievance
1
& Pensions on 1-2-2008 in which the substance of his appeal was that the
information supplied was not what he had asked for. Upon this Shri K.G.
Verma, Director, Ministry of Personnel, Public Grievance & Pension in his
order of 25-2-08 has found as follows:
“Shri Kashyap informed Shri Harender Singh that if he wanted
the copy sought in his application Para 1, he could be provided
the same if he had deposited Rs. 24/-..
Appellant is further informed that in accordance with the
Allocation of Business Rules 1961 issued by Cabinet Secretariat
Delhi Police comes under MHA. For knowing this information
there is no need of any letter neither any such letter is with the
Department. If appellant wants further information he can see
the website of cabinet secretariat https://cabsec.gov.in.
Shri Harender Singh has then moved his second appeal before us with
the following prayer:
“It is requested that the correct information be provided to
me sought by me in my letter of 26-12-07 and Training
Division of DOPT be penalised for not providing correct
information.”
In grounds for appeal Shri Harender Singh has submitted that the
information provided to him has been knowingly provided incorrect.
The appeal was heard on 13-8-2009. The following are present:
Appellant
Shri Harender Singh
Respondents
Shri G.S. Pundir, Under Secretary, DoPT
Shri Sunil Kumar Adlakha, S.O.
Appellant Shri Harender Singh submitted that in his initial response to
his request CPIO Shri Kashyap has sought to mislead him by indicating that
they have learnt that Delhi Police shared the Central List of OBC from the
letter of Jaat Samaj. However, he submitted a copy of a letter from Shri I.B.
Karan, Director, Delhi of the MHA of 18-8-04 in which Shri Karan has
informed him as follows:
“The matter regarding reservation for appointment of OBCs to
Group ‘C’ and Group ‘D’ posts in Delhi police has been2
examined in this Ministry in consultation with DOP&T1 Delhi
Police and the Govt. of NCT of Delhi and it has been decided
that the Central List of OBCs for all States and Union Territories,
notified by the ministry of Social Justice & Empowerment, as
also the Delhi List of OBCs, notified by the Govt. of NCT of
Delhi shall be followed for reservation for appointment of OBCs
to Group ‘C’ and Group ‘D’ posts in Delhi Police.
In other words, Shri Harender Singh submitted that this decision has
been arrived at by MHA in consultation with the DOPT regarding which DoPT
has therefore misled him by informing him that they have come to know of this
only through the letter of 21-2-2005. That letter is an OM in which Shri K.G.
Verma, Dy. Secretary, GOI has recorded as follows:
“According to the instruction issued by this Department benefit
of reservation in the matter of recruitment to services under the
Government of India is available to communities contained in
the Central list of OBCs notified by the Central Ministry of Social
Justice and Empowerment only.
Ministry of Home Affairs have informed that services of Delhi
Police fall under the Central Government. In such a case,
reservation to OBCs in the matter of recruitment to the Delhi
Police should be provided on the basis of Central list of OBCs”.
Shri G.S. Pundhir, Under Secretary, DOPT, on the other hand
submitted that what Shri Harender Singh has asked in his original application
was a specific question on the basis of the order of 21-2-06. It is for this
reason that the Department has not dealt with the issue of the decision to
bring Delhi Police under the Central List but only the basis of the issuing of
that particular OM. Appellant Shri Harender Singh went on to argue that since
Rule of 1961 was known to the DOPT, which has been conveyed to Shri
Harender Singh by Appellate Authority Shri K.G. Verma, what was the reason
for the DOPT having to wait for a representation of Jaat Samaj, Najafgarh of
24-1-2005 to issue the OM of 21-2-2005. Shri Harender Singh also invited
our attention to the noting on file received on file No. 14011/12/03-UTP
received from the Ministry of Home Affairs on page 13 of which the following
is recorded: on pages 13&14:
Estt (Res) Section
1
Emphasised by us in reference to appellant’s argument3
Ref: notes above and notes on pp 11-12/n ante may kindly be
seen and perused.
2. MHA have proposed to apply Central list of OBCs and
Delhi’s List of OBCs for recruitment in the subordinate ranks
of Delhi Police and sought concurrence of the DOPT in this
respect.
3. In this connection it may be submitted that if Delhi Police
forms a part of Central Govt then only Central List of OBCs
issued by MOSJE should apply. If Delhi Police is a Deptt.
Under the framework of GNCT Delhi then view should be
taken by MHA in consultation with GNCT of Delhi whether
Delhi’s List would apply.
This note is signed by Shri AK Kashyap on 29.7.’04
DECISION NOTICE:
Having examined the records and heard the parties we find the request
for information of Shri Harender Singh on 26-12-07 has specifically referred to
the OM of 21-2-2006 and asks when the fact came to their notice that this is
so. This question could be interpreted to mean, as appellant Shri Harender
Singh has interpreted it to mean i.e. the question as to when the DoPT first
came to know that Delhi Police comes under the Central List of OBC, or it
could be interpreted to mean as CPIO has interpreted as the basis of issuing
OM of 21-2-2006. By assuming the latter CPIO Shri A.K. Kashyap and
Appellate Authority Shri K.G. Verma cannot be deemed to have been in
violation of the law nor can they be accused of non-application of mind.
Nevertheless the record shown to us it is clear that the information sought by
appellant Shri Harender Singh has been received by him. There remains no
further information to be provided and the appeal is dismissed.
Announced in the hearing. Notice of this decision be given free of cost
to the parties.
(Wajahat Habibullah)
Chief Information Commissioner
13-8-2009
4
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 K.P. Shreyaskar)
Joint Registrar
13-8-2009
5