Central Information Commission
Dalvir Singh vs Indian Air Force on 14 September, 2022
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सच ु ना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मु नरका, नई द ल - 110067
Munirka, New Delhi-110067
File no.: -CIC/IAIRF/A/2021/120775
In the matter of
Dalvir Singh
...Appellant
VS
1. CPIO
Directorate of Personal Services,
Air Head Quarters(VayuBhavan), Rafi Marg,
New Delhi - 110106
2. CPIO
Headquarters, Central Air Command,
Indian Air Force, Bamrauli, Allahabad
U.P - 211012
...Respondent
RTI application filed on : 21/07/2020 CPIO replied on : 11/08/2020, 19/10/2020, 19/02/2021 First appeal filed on : 02/03/2021 First Appellate Authority order : 04/05/2021 Second Appealfiled on : 24/05/2021 Date of Hearing : 13/09/2022 Date of Decision : 13/09/2022 The following were present: Appellant:Present over VC
Respondent: JWO K S Yadav, representative of the CPIO alongwith three other officers, present at CIC and Wg Cdr S S Chahal, present over VC Information Sought:
The Appellant has sought the following information with reference to para 16 of letter No. Air HQ/23401/204/204/4/41/16034/E/PS dated 23/03/2020. Appellant has stated that Court of Inquiry was held at 4Wing, AF on 1 09/01/2006 and the appellant was awarded 'Reproof' on 16/10/2006 by AOC 4 Wing, AF for alleged baseless fabricated charges framed by the then APM 7 P&S which affected Honorary Commission of the appellant.
1. Provide copy of completed Court of Inquiry held against the appellant.
2. Provide copies of all the reports against him by APM 7 P&S AF Stn Agra, on the basis of which Court of Inquiry was held at 4 Wing, AF.
3. Provide copy of letter issued for conducting Court of Inquiry against him.
4. And other related information.
Grounds for Second Appeal The CPIO did not provide the desired information. Submissions made by Appellantand Respondent during Hearing:
The appellant submitted that he is not satisfied with the order of the FAA as para wise information was not given to him. The CPIO, AIR HQ(VB) submitted that an appropriate reply was given to the appellant on 19.10.2020.
The CPIO, IAF submitted that an appropriate reply was given to the appellant on 19.02.2021. He also referred to his written submissions dated 12.09.2022.
Observations:
From a perusal of the relevant case records, it is noted that initially the RTI application was transferred to the CPIO, HQ CAC Bamrauli, Allahabad vide the letter dated 11.08.2020. Thereafter, an interim reply was given by the concerned CPIO on 17.09.2020 wherein the appellant was informed that since the information pertains to old records, the same is being collated. After that a point-wise reply was given on 19.10.2020 whereby on para (a) the appellant was informed that no court of Inquiry was conducted against him, on para (b), it was stated that no records are available with them and on para (c), it was stated that no such letter is available on their records. There is another reply on record given by the CPIO, Air Hqrs, Vayu Bhawan dated 19.02.2021 whereby all the information was denied u/s 8(1)(e) of the RTI Act. This reply is incomplete as except for quoting exemption u/s 8(1)(e) of the RTI Act, no justification was given. Further, if the Court of Inquiry was complete, all the information could have been provided.
On a query to the representative of the CPIO as to why the information was not disclosed, he was unable to explain anything except for claiming the exemption. Under these circumstances where the officers who were present during the hearing, were unable to justify the exemption claimed, the 2 Commission finds it appropriate to direct the CPIO to provide a revised point- wise reply to the appellant whereby on point (a)& (b) the final conclusion of the Inquiry should be disclosed as a part of fair play and justice, and on point
(c), a copy of the of letter issued for conducting Court of Inquiry against the appellant should be provided.
Decision:
In view of the above, the CPIO, Air Headquarters(Vayu Bhavan) is directed to provide a revised reply to the appellant as per the discussions held during the hearing and as indicated above, within a period of 15 days from the date of receipt of this order.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सच ू नाआयु त) Authenticated true copy (अ भ मा णतस या पत त) A.K. Assija(ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011-26182594 / दनांक/ Date 3