Central Information Commission
Lal Singh vs Indian Army on 20 April, 2021
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सुचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मुिनरका,
नरका नई द लीÐ
लीÐ 110067
Munirka, New Delhi-110067
File no.: CIC/IARMY/A/2019/121514
In the matter of:
Lal Singh
... Appellant
VS
Central Public Information Officer
Headquarters Northern Command
Pin - 908545 C/o 56 APO
...Respondent
RTI application filed on : 15/02/2019 CPIO replied on : 28/03/2019 First appeal filed on : 28/03/2019 First Appellate Authority order : 04/04/2019 Second Appeal filed on : 03/05/2019 Date of Hearing : 19/04/2021 Date of Decision : 19/04/2021 The following were present:
Appellant: Present over VC at CIC Respondent: Lt. Col Shashank Trivedi, CPIO's Representative, present over VC at Udhampur Information Sought:
The appellant has sought the following information/documents:
1. Copy of the order of Court Martial carried out by GOC, Northern Command and evidence issued to 105 Engr Regt.
2. Copy of Court Martial proceedings carried out by 105 Bombay Engr Regt on 05 Oct 1988 and all other documentary evidences, orders forwarded to GOC Northern Command.
3. Copy of all the evidence pertaining to case No. 91/98 and Family Court, Kanpur City.
Grounds for Second Appeal The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that he is not satisfied with the reply. He argued that as the court martial proceeding was done against him, the records available should be given.
The CPIO submitted that a suitable reply was given vide letter dated 28.03.2019. On a query during the hearing, whether the FAA's order was complied with, he submitted that as per record the reply dated 28.03.2019 was not resent to the appellant. He requested for a last opportunity to comply with the FAA's order.
Observations:
Based on a perusal of the record, it was noted that the CPIO vide letter dated 28.03.2019 replied that "the records of court martial (GCM/SGCM/DCM) maintained by HQ Northern Command JAG branch for the relevant period i.e 1996 to 2019 have been scrutinised and no court martial pertaining to him was found in their records. In case the individual was tried by SCM, then he may approach the concerned records office as the Headquarters does not maintain the record of SCM. The FAA vide order dated 04.04.2019 asked the CPIO to resend the copy of reply dated 28.03.2019 to the appellant as the same was not received by him.
The appellant could not substantiate his second appeal. He orally submitted that SCM proceedings was done against him but could not submit any material evidence to prove the same. It is relevant to mention here that the CPIO had suitably explained the facts of the case vide his reply dated 28.03.2019. Moreover, the Commission could not find any flaw in the above stated reply.
Decision:
In view of the submissions of the CPIO, the Commission finds no scope for any intervention in the matter and accordingly upholds the submissions of the CPIO. However, the CPIO is directed to provide a copy of the reply dated 28.03.2019 as was directed by the FAA.
The appeal is disposed of accordingly.
वनजा एन.
Vanaja N. Sarna (वनजा एन. सरना) सरना सूचना आयु") Information Commissioner (सू Authenticated true copy (अिभ%मा&णत स)या*पत%ित) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011-26182594 / दनांक/ Date