के न्द्रीयसूचनाआयोग

Central Information Commission

बाबागंगनाथमागग, मुननरका
Baba Gangnath Marg, Munirka
नईदिल्ली, New Delhi – 110067

नितीय अपील संख्या / Second Appeal No. CIC/CRPFO/A/2018/145163

Shri Deep Chand ….अपीलकताग/Appellant

Through:
Sh. Piyush Sharma, Adv.
VERSUS
बनाम
CPIO
Dy. Inspector General (Admn) …. प्रनतवािीगण /Respondents
Directorate General, CRPF

Through:
Shri S. Ganesh, Asstt. Commandant

Date of Hearing : 22.10.2018

Date of Decision : 31.10.2018
Information Commissioner : Shri Yashovardhan Azad

Relevant facts emerging from appeal:

RTI application filed on : 21.12.2015

PIO replied on : 07.01.2016
First Appeal filed on : 01.03.2016
First Appellate Order on : 21.03.2016
2ndAppeal/complaint received on : 18.07.2018

Information sought and background of the case:

Vide RTI application dated 21.12.2015, the appellant sought action taken report
on his complaint dated 18.09.2015 alleging submission of fake certificates by a
CRPF constable. The CPIO vide letter dated 07.01.2016 claimed exemption from
disclosure of information citing provisions of Section 24 of RTI Act. FAA vide
letter dated 21.03.2016 informed that appellant’s educational certificate/Date of
Birth Certificate and Caste Certificate had been verified by related Education
Department (Rashtriya Mukta Vidyalaya Shiksha Sansthan) and District

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Magistrate, Rewari but no adversary remarks had been received on their
Certificates. Further, CPIO informed that he is not bound to supply documents
to appellant because sought information does not pertain to the allegations of
corruption and human rights violations. Feeling aggrieved, the appellant
approached the Commission.

Facts emerging in Course of Hearing:

Both the parties are present and heard. The appellant states that in the present
case, the PIO is guilty of furnishing wrong information with intent of saving a
person who had joined service of CRPF by fraudulent means.

The appellant submits that one Satish Kumar, constable/ barber no.
125116003 was recruited by CRPF in year 2012. It is alleged by the appellant
that the said Satish Kumar had concealed his actual date of birth and submitted
documents containing wrong date of birth. In this context, the appellant states
to have submitted detailed representation with supporting documents to DIG,
CRPF and sought detail of action taken thereon through the present RTI
application. Per contra, the respondent submits that the allegation of appellant
was found to be wrong upon enquiry. He states that the date of birth as well as
educational qualification certificates as submitted at the time of appointment
were found to be genuine. Copy of office order dated 18.09.2013 from the Sub
Inspector of Police, Group Centre has been placed on record alongwith other
relevant documents which indicate the date of birth of the appellant as
06.10.1988. Respondent has reiterated in their submissions that the
antecedents of the said Constable Satish Kumar have been duly examined and
found correct.

However, the appellant states that the respondent CRPF never understood true
import of his allegations and a clean chit was granted without thoroughly
probing the matter. He submits that his sister (since deceased) was married to
said Satish Kumar. The said Satish Kumar was tried for charges of having
abetted dowry death & murder by Sessions Judge, Rewari. The said Satish
Kumar is stated to have exhibited various documents in course of his defence in
the trial which were accessed by the appellant. He submits that the said Satish
Kumar undertook 10th / matriculation examination multiple times to change his
date of birth. He states that Satish Kumar took on the first secondary school
exam in May 1998 with National Open School. In support of his allegation, he
relies on copy of a Secondary school certificate dated 27.07.2001 bearing no. D-
00546, roll number 054572264 as issued by National Open School. The
certificate records the examinee’s name as Satish Kumar S/o Ram Niwas of

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Rewari. He also relies on a copy of LIC policy no. 332239749 issued in favour of
Satish Kumar S/o Ram Niwas resident of Rewari. The said LIC certificate also
records date of birth of policy holder as 06.10.1980 and the proof of age as
‘School Certificate’. He submits that the appellant was married to her deceased
sister in year 2004. He relies on copy of ration card issued in favour of Satish
Kumar on 21.08.2008. The card shows age of Satish as 27 years in year 2008.
Also the appellant produced copy of judgment dated 19.05.2014 pronounced by
Sessions Judge Rewari in SC No. 39/2013 titled as State versus Satish Kumar
S/o Ram Niwas in support of his contention. He submits that all the documents
relied upon by him are part of judicial file of Sessions Judge Rewari which were
produced by said Satish Kumar in course of latter’s trial. An appeal is now
stated to be pending before Hon’ble Punjab & Haryana High Court. The Ld.
Counsel submits that in order to hide his actual age and fabricate a proof of
fake date of birth, the said Satish Kumar again appeared in secondary
examination of National Open School in year April 2008 under roll no.
05013662428 and malafidely mentioned his date of birth as 06.10.1988 –
thereby reducing it by 08 years.

It is alleged by the appellant that upon receipt of his complaint, the CRPF
authorities conducted a superficial verification of the documents submitted by
Satish Kumar whereas all his contentions & clinching proofs annexed with the
complaint were not considered. He states that Satish Kumar was overage at the
time of recruitment in year 2012 but by concealing his actual age, he managed
to get recruited. The appellant alleges that Satish Kumar has duped the CRPF
with connivance of some officers. As regards the RTI application, the appellant
contends that the same relates to allegations of corruption in public
appointment and hence, the PIO cannot deny furnishing information.

Decision:

The RTI Act is an enabling law aimed at promoting transparency and

accountability in functioning of the welfare state. The public authorities are
accountable to public. It is incumbent upon a public authority to consider
grievance of a citizen. The duty of public authority to act assumes greater
significance when a complaint alleges fraud in public recruitment. In Devendra
Kumar vs. State of Uttaranchal and Ors. (29.07.2013 - SC):
MANU/SC/0772/2013, the Hon’ble Apex Court summarized the effects of
securing appointment by deceitful means. Relevant extracts read as:

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 10. So far as the issue of obtaining the appointment by misrepresentation
is concerned, it is no more res integra. The question is not whether the
applicant is suitable for the post…..

11. It is a settled proposition of law that where an applicant gets an office

by misrepresenting the facts or by playing fraud upon the competent
authority, such an order cannot be sustained in the eyes of law. "Fraud
avoids all judicial acts, ecclesiastical or temporal." (Vide: S.P.
Chengalvaraya Naidu (Dead) by L.Rs. v. Jagannath (Dead) by L.Rs. and
Ors. MANU/SC/0192/1994 : AIR 1994 SC 853. In Lazarus Estate Ltd. v.
Besalay 1956 All E.R. 349, the Court observed without equivocation that
"no judgment of a Court, no order of a Minister can be allowed to stand if it
has been obtained by fraud, for fraud unravels everything."
…..
16. The ratio laid down by this Court in various cases is that dishonesty
should not be permitted to bear the fruit and benefit those persons who
have frauded or misrepresented themselves. In such circumstances the
Court should not perpetuate the fraud by entertaining petitions on their
behalf. In Union of India and Ors. v. M. Bhaskaran, this Court, after
placing reliance upon and approving its earlier judgment in District
Collector and Chairman, Vizianagaram Social Welfare Residential School
Society v. M. Tripura Sundari Devi, observed as under:-

If by committing fraud any employment is obtained, the same cannot

be permitted to be countenanced by a Court of Law as the
employment secured by fraud renders it voidable at the option of the
employer.

Upon perusal of the written submissions placed before the Commission by PIO,
CRPF, it is seen that the enquiry/ verification already done by respondent CRPF
has not taken all relevant material in consideration. The allegations made by the
appellant do merit thorough investigation. Without commenting on the veracity
of allegations made by appellant, the Commission finds the appellant to be
entitled to seek details of processing of his complaint.

The Commission finds that the appellant has alleged corruption in the matter
and prima facie, a thorough investigation is warranted in the matter to enable
the appellant to secure clear and cogent information. No bar under Section 24(1)
is maintainable to exclude dissemination of information sought. Let a copy of

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the present decision be marked to the Director General, CRPF for information &
appropriate action.

Accordingly, the reply of PIO & FAO is set aside. The PIO is directed to furnish
information on the action taken to the appellant within 4 weeks of receipt of this
decision under intimation to the Commission.

The appeal is allowed in aforesaid terms.

Yashovardhan Azad (यशोवर्द्गन आज़ाि)

Information Commissioner (सूचना आयुक्त)

Authenticated true copy

(अनिप्रमानणत सत्यानपत प्रनत)

Ram Parkash Grover

Dy. Registrar; 011-26180514 / राम प्रकाश ग्रोवर, उप-पंजीयक

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