Central Information Commission
Gp Capt D Viswanath vs Indian Air Force on 24 May, 2022
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सुचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगनाथ माग
Baba Gangnath Marg
मुिनरका, नई द ली - 110067
Munirka, New Delhi-110067
File no.: - CIC/IAIRF/A/2020/696980
In the matter of
Gp Capt D Vishwanath
... Appellant
VS
Central Public Information Officer
HQ Eastern Air Command, IAF,
Nonglyer Post, Upper Shillong,
Meghalaya - 793 009
...Respondent
RTI application filed on : 16/03/2020
CPIO replied on : 01/05/2020, 03/07/2020, 14/08/2020,
26/11/2020
First appeal filed on : 19/10/2020
First Appellate Authority order : 25/11/2020
Second Appeal Filed on : 21/12/2020
Date of Hearing : 24/05/2022
Date of Decision : 24/05/2022
The following were present:
Appellant: Not present
Respondent: Sq Ldr M N Khan, CPIO, present over VC Information Sought:
The appellant has sought the following information:
a. Provide copies of orders, instructions or policy letters in vogue regarding definition and determination of mental illness, involuntary admission or admission under special circumstances, detention, treatment and discharge for psychiatric evaluation of officer deemed to be mentally ill in consonance with various sections of Mental Healthcare Act, 2017 issued by DGAFMS to all Air Force medical establishments.
b. Provide copies of orders regarding role of Commanding Officer, Next of Kin and Magistrate in case of involuntary admission or admission under special 1 circumstances, detention, treatment and discharge of officers deemed to be mentally ill in consonance with provisions of Mental Healthcare Act 2017. c. Provide copies of all personal applications for redressal of grievances submitted by appellant while serving at 19Wg, AF during the period from 2010 to 2012 and remarks of all higher/intermediary authorities with final disposal or redressal (if any) given in consonance with provisions of Section 27 of Air Force Act 1950 and Para 622 of Regulations for Air Force (Revised Edition) d. And other related information.
Grounds for filing Second Appeal:
The CPIO did not provide the desired information.
Submissions made by Appellant and Respondent during Hearing: The appellant was not present to plead his case despite service of hearing notice on 02.05.2022 vide speed post acknowledgment No. ED039858894IN. However, in his second appeal he has stated that he is not satisfied with the reply of the CPIO on points 3(c), 3(e) & 3(f) of the RTI application as the desired information on these points was not given to him.
The CPIO submitted that an appropriate reply was given to the appellant on 01.05.2020 & 14.08.2020. He also reiterated the contents of his written submissions dated 11.05.2022 wherein he has informed that a complaint case regarding the same RTI application was decided by the Commission on 26.04.2022 in File No.CIC/IAIRF/C/2020/688718.
Observations:
From a perusal of the relevant case records, it is noted that a complaint case with File No. CIC/IAIRF/C/2020/688718 has been already adjudicated by the same bench on 26.04.2022 wherein it was observed that there is no deficiency in the replies of the CPIO. The relevant para is extracted below:
"It is further noted that points no. 3(c), 3(e) & 3(f) were transferred to the CPIO, HQ EAC IAF vide the letters dated 20.03.2020 & 03.07.2020. Thereafter, the concerned CPIO had provided some part of the information on point 3(c) and available information on point 3(f) vide the letters dated 01.05.2020 & 14.08.2002. With regard to the other part of point 3(c) & point 3(e), the CPIO had claimed exemption u/s 8(1)(e) of the RTI Act and in the written submissions dated 21.04.2022 the CPIO has properly explained the applicability of Section 8(1)(e) of the RTI Act. The Commission is unable to find any flaw in the replies given as whatever information was available, the same was supplied to the complainant. Since there was no denial of any information, the complaint is not established."2
Since there was no flaw in any of the replies, there is no room for giving any further relief to the appellant in terms of Section 19 of the RTI Act.
Decision:
In view of the above, no action lies.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मा णत स या पत ित) A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 3