By an application of 26.2.07 Dr. Krishan Kumar Saini, Ex. Director / IGP (Medical), CRPF made an application to the Prime Minister of India under the subject Discrimination and whimsical application of rules, procedures for promotion in Central Police Force Demoralizing effect thereof regarding, seeking an enquiry. This request received in the Home Ministry on 27.2.07 was transferred by CPIO Shri S. K. Bhatnagar, Dy. Secretary, MHA to CPIO Shri Shyam Jindal, Dy. Secretary, MHA on 28.2.07 after which Dr. Saini received the following reply from Shri Barun Kumar Sahu, Director (Personnel) MHA dated 12.3.07: in terms of Sec. 24 of the RTI Act, 2005, Central Police Forces, as listed in the Second Schedule of the Act, have been given qualified exemption from the Act. As such, your application is not tenable under RTI Act.
Aggrieved, Dr. K. K. Saini has through a letter of 28.3.07 appealed to the first appellate authority Jt. Secretary, MHA with the following prayer: As already explained I had sought information on gross discrimination of similarly placed and circumstanced officers which is gross infringement of basic human as well fundamental rights and very much a corrupt practice that too without giving any valid reason. Thus recourse taken to the clause quoted is not only irrelevant but misguiding with the clear intention to shield the wrong done.
On not receiving a response Dr. Saini has moved a second appeal before us with the following prayer: Prayed for stoppage of corrupt practice of gross discrimination amongst equally and similarly placed and circumstanced officers in the matter of career progression and to undo the injustice caused as a result of this to the appellant and grant his due promotion as given to others.
DECISION NOTICE Because the first Appellate Authority has not addressed the issue raised by appellant Dr. K. K. Saini, in the normal course this case would have merited remand to the Jt. Secretary, MHA. However, we find that this request is with regard to the CRPF, an Organization not covered by the RTI Act, being listed at Sr. No. 10 of the Second Schedule of the RTI Act, 2005. It is a fact that both in his first and second appeals Dr. Saini has insinuated an allegation of corruption into his complaint. However, the original application itself amounts only to a complaint regarding procedure for promotion in the CRPF. In this case his allegation has been against what he perceives to be demoralization in service, since there is no allegation of corruption against any official but only allegation of discrimination by the Departmental Promotion Committee. His 2nd appeal before us asks precisely that we grant his due promotion as given to others, something outside our purview even for public authorities that fall under the Act.
Under the circumstances, it is not within our competence to admit such an appeal. The appeal is therefore dismissed Announced. Notice of this decision be given free of cost to the parties.
(Wajahat Habibullah) Chief Information Commissioner 7.1.2009 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 7.1.2009
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