CENTRAL INFORMATION COMMISSION
Complaint No.CIC/WB/C/2007/00277 dated 3.5.2007
Right to Information Act 2005 - Section 18
Appellant - Shri N. K. Maruthi Rao,
Respondent - Central Reserve Police Force, Warangal
Facts
:
By an application of 27.2.07 Shri N. K. Maruthi Rao, Advocate of Adarsh
Colony, Belgaum, Karnataka applied to the Comdt. 83 Bn. CRPF, Mangapet (AP)
seeking the following information:
1. ‘Copy of the documents along with related correspondence
regarding tracing of missing person named Shri Ningappa
Siddappa Arabhavi number 941380544 CT/GD husband of Smt.
Roopa.
2. Copy of his service register.
3. His present residential address and address of place of work.
4. Correspondence made regarding allotment of quarter to him at
police station Mangapet.”
The letter sent to the Warangal (AP) address was returned to him with
remarks that he is now stationed in J&K. Complaining that, “The complainant
submitted the application to the respondent to the Jammu and Kashmir address
on 21.3.2007. There is no reply from the respondent even up to this day and the
respondent was under obligation to supply the information within 48 hours”, Shri
Maruthi Rao pursuing this matter for his client Smt. Roopa Ningappa Arabhavi
submitted a complaint to this Commission with the following prayer:
“Complainant humbly prays to direct the respondent and the
concerned officials to supply the information about the missing staff
of his establishment Shri Ningappa Siddappa Arabhavi No.
941380544 CT/GD in the interest of justice. The opponent may
kindly be punished as per law for violating the provisions of Right to
Information Act, 2005.”
In response to our appeal notice, Shri D. Bhattacharya, Comdt. 83 Bn. In his
letter of 21.6.08, received in this Commission on 7.7.08, has submitted as
follows:
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“(b) The application in question was sent to the commandant 83
BN, CRPF, at Srinagar (J&K). The controlling authority of
whom, the DIGP is available at Rangareddy (AP) and the
authority designated to process the case, the Addl. DIGP
(Adm), Southern Sector Headquarter, CRPF is at Hyderabad
and the authority competent to decide the case, the Addl.
DIGP (Adm) Directorate General is at New Delhi. Hence,
the delay in processing the case took place.
(c) CRPF has been exempted from applicability of the general
provisions of the RTI Act, 2005 by virtue of its inclusion in
second schedule. Moreover, the application ibid does not
contain any thing pertaining to corruption violation or human
rights. Hence, the CRPF is not bound to give the information
even under the exception clause inserted in section 24 (1) of
the RTI Act, 2005.”
He has also outlined what he describes as “many important steps” to
provide every facility to Smt. Roopa Nangappa Siddappa Arabhavi .
The appeal was heard on 12.2.2009 through video conferencing. The
following are present:
Respondents
at CIC Studio, New Delhi.
Sh. S. R. Ojha, DIC
Sh. Y. N. Rai, Dy. Comdt.
at NIC Studio, Hyderabad
Sh. Ramanuj, CPIO South Sector, CRPF
Sh. Sanjay Kaushik, DIG Group Centre, Kandareddy
Sh. Bala Krishna Ram, Dy. Cmdt. Southern Sector
Shri N. K. Maruthi Rao, Advocate when contacted on telephone submitted
that he left it to the Commission to take a decision on merits. Respondent Shri
Sanjay Kaushik DIG submitted that this application does not amount to allegation
of Human Rights violation since the concerned Constable Shri Ningappa
Siddappa Arabhavi number 941380544 CT/GD went missing on having left the
Battalion for a meal at his home from which he did not return. Upon receiving
this information the Battalion itself had treated him as absconding and registered
an FIR at the local police station. Shri S. R. Ojha, DIG added to this by informing
the hearing that a Writ Petition had been filed before the High Court in this matter
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in which the local police have informed the Hon’ble High Court that Shri Arabhavi
had been found dead in Goa.
On the question of failure to respond to the RTI application Shri Ojha
submitted a copy of a letter of 9.4.07 from CPIO Shri Ramesh Chandra, ADIGP
(Admn) Directorate General, CRPF informing Shri Rao as follows:
“As per Section 24(i) of Right to Information Act, 2005, Central
Police Forces as listed in the Second Schedule of the Act, have
been given qualified exemption from the Act in so far as the
allegations of other than connected with Human Right Violations
and Corruption. From the facts of the case mentioned in your
application cited above, there appears to be no violations of Human
Rights as well as facts of the case do not attract ingredients to
constitute the allegations of corruption. Hence the information
sought vide your application is not tenable under Right to
Information Act, 2005.”
DECISION NOTICE
In light of the above, no case is made out of allegation of any human rights
violation by the CRPF, an organization listed at Sr. No. 10 of the Second
Schedule as amended from time to time. It also stands established that the
request of applicant Shri N. K. Maruthi Rao was responded to in time.
The CRPF being an organization not covered by the RTI Act, 2005 as
determined by Section 24 sub-section (1) of that Act, we find that the present
complaint cannot be sustained and is hereby dismissed. Announced in the
hearing.
Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah)
Chief Information Commissioner
12.2.2009
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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
12.2 .2009
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