CENTRAL INFORMATION COMMISSION
Room No. 308, B-Wing, August Kranti Bhawan, Bhikaji Cama Place, New Delhi-110066
File No.CIC/SM/A/2009/000239/LS
Appellant : Shri K.I.P. Singh
Public Authority : Border Security Force
(through Shri B.S. Rana, DIG (PSO), Jodhpur)
Date of Hearing : 15.10.2009
Date of Decision : 15.10.2009
FACTS
:
The matter, in short, is that the appellant is a Dy. Comdt. in the BSF,
presently on deputation to ITBP. He was over looked for promotion to the
rank of Second-in-Command due to medical reasons. It is in this
connection that vide his RTI application dated 1.7.2008, he had sought
information on 07 paras relating to his medical category etc.
2. This was responded to by Shri Lal Chand, Asstt. Commandant. The
first appeal was decided by Shri B.S. Rana, DIG (PSO) vide order dated
5.11.2008.
3. Aggrieved with the above mentioned orders, the appellant has filed
the present appeal.
4. Heard on 15.10.2009. Appellant present. The public authority is
represented by officer named above. The appellant would submit that he is
now essentially interested in information relating to para-E of this RTI
application. It is extracted below.
“My review medical board held on 5.3.2008 presided over by Dr.
Sailesh Pandit, CMO (SG), 15 Bn BSF have initially recommended
P-2 category but later on PO on the observation of Higher Hqrs
altered my category from P-2 to P-3 without informing me and even
to other members of the board. Therefore, I may be given
photocopy of note sheet where PO i.e. Dr. Sailesh Pnadit has
considered my case and has decided to siter category P-2 to P-3 by
simply endorsing his signature without endorsing any date thus try
to give impression that board has recommended P-3 category on
5.3.2008 which is totally wrong and unprofessionalism and against
service norms. In addition to above note-sheet I may also be
informed the rules under which board has altered category P-2 to P-
3 without informing me that too without endorsing any date against
signature in the column.”
5. He would further submit that Shri Lal Chand, AC, was not the PIO
and Shri Rana, not the Appellate Authority, at the relevant point of time.
According to him, the concerned DIG was the PIO and Frontier IG was the
Appellate Authority. In this view of the matter, his RTI application and
first appeal have not been decided by the competent officers. He would
further submit that after he filed RTI application, he was harassed by the
BSF authorities by way of referring him to a psychiatrist etc.
6. Shri Rana would submit that he had decided the first appeal after
seeking the approval of the frontier IG who was the Appellate Authority.
He would also submit that information sought by the appellant is not
disclosable as per existing rules and procedures.
7. It is the forceful plea of the appellant that he was graded P-2 by Dr.
Shailesh Pandit but on the basis of the observations of the higher
headquarters, he was down-graded from P-2 to P-3 which has jeopardized
his career. He, therefore, wants to have copies of the note-sheets in which
his matter was dealt with. The request of the appellant is just and fair.
Needless to say, the RTI Act provides for transparency in public life. We,
therefore, are of the opinion that appellant is entitled to seek copes of the
note-sheets in which his matter was dealt with.
DECISION
8. In this view of the matter, Shri U.S. Rana, DIG (PSO), Jodhpur, is
hereby directed to provide copies of the relevant note-sheets to the
appellant in 04 weeks time.
Sd/-
(M.L. Sharma)
Central Information Commissioner
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.
(K.L. Das)
Assistant Registrar
Address of parties :-
1. Shri KIP Singh,
Dy. Comdt. 76 BN BSF,
Jasalmer.
2. Shri B.S.Rana,
DIG (PSO)
Hq. Rajasthan Seemant, Sisubal
Mandor Road,
Jodhpur (Raj.)