PIO: u/s 24(1), RTI Act is not applicable to the CRPF being a security organization listed under Schedule II - CIC: PIO to provide a copy of punishment register in which the Appellant has made his arrival and departure entries on daily basis
14 Jan, 2014A copy of the punishment order containing reasons for which the appellant was awarded punishment by the CRPF, along with a copy of the Punishment Register in which he made his arrival and departure entries on daily basis in the morning and evening during his period of detention was sought - PIO: u/s 24(1), RTI Act is not applicable to the CRPF being a security organization listed under Schedule II - CIC: PIO to provide a copy of punishment register in which the Appellant has made his arrival and departure entries on daily basis
ORDER
Shri Balastar Singh hereinafter called the Appellant has filed the present appeal dated 10.09.2013 before the Commission against the Respondent namely Central Reserve Police Force. The Appellant was not present in the hearing whereas from the Respondent side Shir Dhairya Pal Singh 2 IC (Legal) was present in the hearing.
2. The Appellant through the RTI application dated 26.06.2012 sought a copy of the punishment order containing reasons for which he was awarded punishment by the CRPF, along with a copy of the Punishment Register in which the Appellant has made his arrival and departure entries on daily basis in the morning and evening during his period of detention. The Background of the RTI application is that the Appellant was awarded punishment of confinement of line besides forfeiture of pay, by the competent authority of CRPF. The appellant was detained and confined for a total of 28 days by the CRPF. The Appellant alleges in his RTI application that no signature has been taken by the Competent Authority in any Register and no reasons were communicated to him for the punishment awarded to him.
3. CPIO vide letter no: M52/ 22012MSEstab5 (RTI) dated 8.08.2012 replied to the Appellant. The CPIO replied that under the provisions of section 24 (1) of the RTI Act, 2005 the Act is not applicable to the CRPF being a security organizations and that they are an exempt organization listed under Schedule II of the RTI Act, 2005. Furthermore, the CPIO held, the information sought by the Appellant does not pertain to any violation of human Rights or allegation of Corruption and therefore, does not fall under proviso (I) to Section 24 of the RTI Act, 2005.
4. The Appellant has not filed the First appeal before the FAA. Therefore, there is no order of the FAA. Instead, the Appellant has filed the present appeal before the Commission in which he states that no information has been provided to him by the CPIO.
5. During hearing before the Commission, the CPIO submits that the Appellant was awarded punishment for line and his signature was also obtained in the Punishment Register on the day when he was detained and confined and on the day, when he was set free by the CRPF. The Appellant, on the other hand in his RTI application gives reference of the CRPF Act, 1939 as per which if any punishment is awarded by the CRPF, the person to whom punishment is awarded has to sign the Punishment Register in the morning and evening on a daily basis during period of his detention.
6. Submissions heard and documents on file pursed. The Commission observes that the Appellant through his RTI application sought copy of punishment order containing reasons for which he was awarded punishment by the CRPF along with the copy of Punishment Register in which the Appellant has made his arrival and departure entries on daily basis in morning and evening during his period of detention.
7. The Commission is of the view that the CPIO has only partially provided information during submission before the Commission. The Commission is of the view that the CPIO has failed to provide a copy of Punishment Register in which in which the Appellant has made his arrival and departure entries on daily basis, in morning and evening, during the period of detention. The Commission hereby directs the CPIO to provide a copy of punishment register in which the Appellant has made his arrival and departure entries on daily basis, in morning and evening during the period of detention and to also provide a copy of the punishment order to the Appellant within 2 weeks of receipt of this order.
(Sushma Singh)
Information Commissioner
Citation: Shri Balastar Singh v. Central Reserve Police Force in Case No: CIC/SS/A/2012/003375