Mr. G.P Sharma Compl... v. Ministry Of Home Aff...

1. The appellant is not present for the hearing. The respondent was represented by Shri Shantanu (Director(P), MHA), Shri S.K Jha (GC, CRPF Ranchi) and Shri M.M Kotuala (SI(M),CRPF).

2. The appellant filed an RTI application dated 6.12.2012 addressed to PIO, MHA seeking information in relation to action taken on his application dated 4.10.2012 to Honble M.O.S Shri Ajay Makan. The CPIO vide letter dated 11.1.2013 replied to the appellant and also forwarded the said reply to the MHA, Director (P) also. In the said reply the CPIO stated that Shri Ajay Makan has ceased to be a Minister of State in Ministry of Home Affairs and that the personal staff of the present Minister of State (Home) do not maintain records of the erstwhile Minister. The CPIO further stated that since the subject matter of the representation/application is related to CRPF, his application was being forwarded to the designated CPIO of the Ministry for taking necessary action. The Ministry of Home Affairs, Pers-II replied vide letter dated 17.1.2013 to the appellant stating that the information sought by appellant pertains to CRPF and that his application was being transferred to concerned CPIO for giving reply/information. The PIO, CRPF vide reply dated 9.2.2013 intimated that as per section

24 (1) of the Right to Information Act, 2005, Central Police Forces as listed in the second schedule of the Act, have been qualified exemption from the Act in so far as the allegations of other then those connected with Human Right Violations and Corruption are concerned. On non receipt of any information, the appellant filed first appeal dated 11.2.2013 before the MHA. The appellant also enclosed a copy of letter dated 18.10.2012 from DG, CRPF, Lodhi Road to IG (Medical) CRPF under subject Ministry of Home Affairs regarding reinstatement in service. The first appellate authority vide order dated 14.2.2013 held that the reply given by the CPIO is in order.

3. The appellant states in his second appeal that the said letter dated 18.10.2012 regarding report on his application dated 4.10.2012 for reinstatement of his son Rajesh Sharma who was dismissed on 18.6.1999 and the appeal of the CRPF was dismissed by the Ajmer court fast track and that the medical director was asked to give his report upto 31.10.2012 to send the same to MHA.

4. During the hearing the respondent MHA submits that the said disciplinary matters are dealt by CRPF and therefore it was forwarded to CRPF. However, the respondent also submits that the comments of DIG, CRPF was sought on this issue vide letter dated 16.10.2012.

5. The Commission is of the view that the information sought is disclosable and therefore, CPIO, MHA shall provide a clear and categorical reply to the appellant within three weeks from the receipt of the order. The appeal is disposed off accordingly. Sushma Singh Information Commissioner Authenticated True Copy: (DC Singh) Deputy Registrar Name & Address of Parties:

1. Appellant: Mr G.P Sharma H. No. 660/27, Ramganj, Ajmer, Rajasthan

2. The DGIP (Admn)/CPIO, Directorate General, C.R.P.F, C.G.O Complex, Lodhi Road, New Delhi 110003

3. The Joint Secretary (Pers)/FAA, Ministry of Home Affairs, North Block, New Delhi 110001