के न्द्रीय सूचना आयोग Central Information Commission बाबा गंगनाथ मागग, मुननरका

Baba Gangnath Marg, Munirka नई निल्ली, New Delhi – 110067 द्व ि तीय अप ील संख्य ा / Second Appeal No. CIC/CISFO/A/2025/622439 Amit Kumar Chaudhary ….अपीलकताा/Appellant VERSUS/बनाम PIO, Central Industrial Security Force … प्रद्वतवादीगण/Respondent Date of Hearing : 25.03.2026 Date of Decision : 27.03.2026 Relevant dates emerging from the appeal:

RTI : 28.04.2025 FA : 06.05.2025 SA : 19.05.2025 CPIO : 05.05.2025 FAO : 19.05.2025 Hearing : 25.03.2026 Date of Decision: 27.03.2026 CORAM Chief Information Commissioner: RAJ KUMAR GOYAL

O R D E R

1. The Appellant filed an online RTI application dated 28.04.2025 before the PIO, Central Industrial Security Force, seeking the information on ten points, including the following regarding denial of gratuity payment following his resignation on 07.06.2022:

“1. Certified copy of any CISF-specific rules/notifications issued by the Central Government that expressly exclude CISF employees from the scope of the Payment of Gratuity Act, 1972 under Section 2(e).

2. Certified copy of any internal orders/circulars interpreting Section 2(e) of the Payment of Gratuity Act, 1972, specifically concerning CISF personnel covered under NPS (National Pension System).

3. If no separate gratuity scheme exists for CISF personnel, kindly confirm whether CISF personnel resigning after completion of 5 years of continuous service are automatically covered under the Payment of Gratuity Act, 1972.

4. Certified extract of CCS (Pension) Rules, 1972 or NPS Rules, 2021 relied upon by CISF to deny gratuity to personnel who have resigned after more than 5 years of service.

5. Certified copy of official guidelines/circulars defining the distinction between "permitted to be absorbed" and "permitted to join" under Rule 22(1) of CCS (Implementation of NPS) Rules, 2021, with reference to gratuity entitlement.

6. Certified instructions/circulars, if any, clarifying whether resignation after selection in a Central PSU (e.g., ONGC) is treated as "absorption" or "joining" for the purpose of gratuity under NPS Rules.

7. Copies of any judgments/orders/circulars issued by the Ministry of Labour & Employment, DOPT, MHA, or CISF HQ, relating to payment of gratuity to government servants covered under NPS after resignation. ETC..”

[reproduced verbatim]

2. The PIO, Central Industrial Security Force rejected the RTI request vide reply dated 05.05.2025 stating that the information pertains to the CISF which is exempt from providing information in terms of Section 24 of the RTI Act, except for cases of corruption or violation of human rights, and the Appellant’s queries do not fall within those two categories.

3. Dissatisfied with the PIO’s reply, he filed an online First Appeal dated 06.05.2025 which was decided by the FAA vide order dated 19.05.2025, upholding the PIO’s response. 4. Aggrieved by the FAA’s order, the Appellant filed the instant Second Appeal.

Facts emerging in course of Hearing:

5. Hearing was scheduled after giving prior notice to both the parties.

Appellant: Present through video conference Respondent: Mr. Rajesh Kumar Arya – Commandant, CISF was present through video conference.

6. The Appellant contended that he had resigned in the year 2022 after over five years of continuous service. Hence, he had sought information concerning rules, circulars etc regarding gratuity entitlement for CISF personnel governed by the National Pension System. 7. The Respondent has submitted the written submission dated 24.03.2026, reiterating the abovementioned facts of the case about denying disclosure of information under Section

24 of the RTI Act, 2005. The Respondent has also provided a point wise reply as under:

“2, 6. Information sought pertains to internal service matters and policy interpretation concerning CISF personnel. Being an exempt organization under Section 24 of the RTI Act, 2005, such information is not disclosable in absence of any allegation of corruption or huma