Back
2025 Supreme(Online)(CIC) 2328
CENTRAL INFORMATION COMMISSION
Shri Heeralal Samariya, CJ
Shri Santosh Bagali – Appellant
Versus
PIO, Central Reserve Police Force – Respondent
Second Appeal No. CIC/CRPFO/A/2024/140019
For the Appellants/Petitioners: Shri Sunil Kumar
For the Respondents: Shri Pramod Kumar Singh, Shri Vikas Kiran, Shri Subroto Mitra
Central Police Forces are exempt from providing information under the RTI Act, except for allegations of corruption and human rights violations.
Headnote:(A) Right to Information Act, 2005 - Section 24(1) - Exemption of Central Police Forces from providing certain information - Appellant sought information regarding pension calculation, operational casualty certificate, and family records - CPIO denied information citing exemption under RTI Act - First Appellate Authority upheld CPIO's decision - Commission found no legal infirmity in the response provided. (Paras 2, 3, 4, and Decision)
Facts of the case:
The Appellant filed an RTI application seeking information about pension calculations, family welfare association roles, operational casualty certificates, and family records, alleging delays and discrepancies in responses from the CRPF.
Findings of Court:
The Commission found the Respondent's denial of information appropriate under Section 24(1) of the RTI Act, as the information sought was exempt from disclosure.
Issues: The main issues addressed were whether the information sought was exempt under the RTI Act and the appropriateness of the responses provided by the CPIO and FAA.
Ratio Decidendi: The Commission ruled that the CPIO's response was legally sound, as the information sought fell within the exemptions outlined in Section 24(1) of the RTI Act, and appropriate responses had already been provided.
Result: Appeal disposed of accordingly.
Information sought and background of the case:
The Appellant filed an RTI application dated 07.05.2024 seeking information on the following points:-
1. PENSION CALCULATION:- AS AND WHEN WE CAME TO KNOW ABOUT THE 7TH PAY COMISSION, WHICH WAS NOT AMENDED IN MY FATHER PENSION IN YEAR 2022, FROM THAT TIME WE HAD BEEN ASKING THE PESNION CALCULATION FROM MARCH-2003 TO OCT-2022. BUT EVERY TIME IN REPLY WE ARE GETTING PPO DETAILS ONLY, WHICH WE ARE ALREADY AWARE. NOW RECENTLY THE CRPF OFFICER WHO HAD VISITED MY HOUSE IN MY NATIVE, HAD GIVEN ME DETAIL OF ONE FAMILY (SHAHEED HC/GD A.G PATHER 44 BN), FORCE #680291233), WHOSE HUSBAND WAS EXPIRED IN YEAR 1988. SHE (PENSIONER-WIFE) IS GETTING PENSION OF AMOUNT OF RS. 33,000/- APROX AT PRESENT. WHERE AS MY BROTHER WAS EXPIRED IN YEAR 2003 AND LAST PENSION WAS Rs. 17,000/- APPROX. IN YEAR 2022. NOW IN SIMPLE WORDS PLEASE CONFIRM ME WHETHER THE PENSION AMOUNT WHICH MY PARENTS WERE GETTING WAS CORRECT OR WRONG.
2. FAMILY WELFARE ASSOCIATION CWA:- PLEASE NOTE FROM MOBILE # 8076469389 ON 21ST MARCH 2024 I RECEIVED A CALL FROM LADY OFFICER SAYING THAT DG MAM NEEDS TO SPEAK TO ME IN EVENING TIME AROUND 18:00 HRS. BASED ON HER INSTRUCTION I SAT IN FRONT ON MY MOBILE FOR ALMOST TWO AND HALF HOURS, BUT DOES NOT RECEIVE ANY CALL, AFTER SOME TIME I CALL BACK THAT LADY OFFICER AND UPDATE HER THE SITUATION. AFTER CROSSCHECKING SHE CONFIRMS US THAT SINCE OUR CASE IS STILL UNDER ONGOING PROCESS, MAM WILL NOT CALL ME. ALL THESE DETAILS WE HAD SENT VIA MAIL FROM MAIL IS SUNIL 0511@REDIFFMAIL.COM TO DG@CRPF.GOV.IN ON 5TH APRIL, 2024. HOPE AFTER GOING THROUGH THE MAIL, PLESE CLEAR MY QUERY REGARDING THE ROLE AND RESPONSIBLITIES OF CWA TEAM IN CASES LIKE MY PARENTS AND MINE.
3. OPERATIONAL CASUALITY CERTIFICATE: PLEASE NOTE MY BROTHER WAS EXPIRED IN YEAR 2003, BUT THIS CERTIFICATES WERE (10 COPIES) ISSUED TO US IN YEAR 2019, THAT TOO WITH WRONG NAME. WITH NAME CORRECTION AGAIN THIS CERTIFICATE WAS ISSUED TO US IN YEAR 2022. PLEASE CONFIRM WHY DID YOUR OFFICE TOOK SO MUCH TIME TO ISSUE THE CERITFICATES, SINCE MY BROTHER WAS EXPIRED IN YEAR 2003. ALSO NOTE TILL DATE NO ONE FROM CRPF HAS GIVEN THE INFORMATION, THAT WHAT ARE THE BENEFITS OF THESE 10 CERTIFICATES. THESE DOUBTS WERE ASKING BY US WHEN MY FATHER WAS ALIVE. PLEASE CLARIFY.
4. FAMILY RECORDS IN CRPF :- IN MY PREVIOUS RTI I HAD INFORMED YOUR OFFICE THAT, MY MOTHER AND ELDER BROTHER RELATION IN CRPF FILE RECORD IT IS SHOWN AS WIFE AND HUSBAND, INSTEAD OF MOTHER AND SON. THIS SAME MISTAKE IS REPEATED IN DEPARTMENT OF SAINIK WELFARE AND RESETTLEMENT, VIJAYAPUR OFFICE. NOW DUE TO THIS MAJOR MISTAKE MY PARENTS DID NOT GOT KARNATAKA STATE BENEFITS, WHO IS GOING TO TAKE RESPONSIBILITY OF IT. WHEN MY FATHER WAS ALIVE, FEW LETTERS WERE DRAFTED FROM CRPF TO DC OFFICE VIJAYAPURA TO PROVIDE STATE BENEFITS, BUT NO SENIOR CRPF OFFICER VISITED DC OFFICE TO CONVIENCE THEM THAT IN PAST THESE MISTAKES HAD HAPPENED AND NEEDS PROVIDE JUSTICE TO THIS FAMILY. NOW WHEN MY FATHER IS EXPIRED, NEITHER DC OFFICE OR TEHSILDAR OFFICE IS HEARING OUR REQUEST. SIR, IF YOU STUDY THE CASE THROUGHLY, HOW SMARTLY EACH AND EVERY DEPARTMENT TRYING TO ESCAPE FROM THE MISTAKES. ANY HOW I NEED YOUR JUDGEMENT ON THIS ISSUE.
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
