Central Information Commission
Gurdarshan Singh vs Ministry Of Defence on 10 October, 2024
केन्द्रीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ मागग, मुननरका
Baba Gangnath Marg, Munirka
नई निल्ली, New Delhi - 110067
File No: CIC/DODEF/A/2024/105807
Gurdarshan Singh .....अपीलकर्ाग /Appellant
VERSUS
बनाम
PIO,
RTI Cell, Addl. DG AE, G 6 D 1 Wing,
Integrated Headquarter of MoD (Army) Sena Bhawan,
Gate No 4, New Delhi - 110 011 ....प्रनर्वािीगण /Respondent
Date of Hearing : 01.10.2024
Date of Decision : 08.10.2024
INFORMATION COMMISSIONER : Vinod Kumar Tiwari
Relevant facts emerging from appeal:
RTI application filed on : 09.06.2023
CPIO replied on : 17.08.2023
First appeal filed on : 14.09.2023
First Appellate Authority's order : 19.10.2023
2nd Appeal/Complaint dated : 22.02.2024
Information sought:
The Appellant filed an RTI application dated 09.06.2023 seeking the following information:Page 1 of 6
POST DISCHARGE REL MED BD IN RESPECT OF JC-330893M EX SUB MAJ/HONY LT GURDARSHAN SINGH FWD TO MH JALANDHAR VIDE BEG RE HQ LETTER NO PEN/D- JC330893M/R DATED 22 DEC 2022 IS HELD UP DUE TO SECTION DESIRED OF ADG PS AS PER HQ WESTERN COMMAND MED BRANCH LETTER NO 52480/2/M-5 (A)/39 DT 10 FEB 2023 AND SAME MENTIONED IN DGMS LETTER NO76005/DGMS-5A DATED 31 MAY 2023.
(1) Refer your HQ letter no B/25066/AG/PS-1(Coord)/23(1) dated 19 Apr 2023 divert to DGMS office but DGMS office again divert my RTI letter 11 May 2023 to your kind office vide letter no 76005/DGMS-5A dated 31 May 2023(copy enclosed) as per Govt of India Minstery of defense letter no 4684/Dir (Pens)/2001 dt 11 Jul 2002 along with all supporting documents.
(2) As per RTI Act 2005, reply to applicant should be sent within 30 days on receipt of application. Keeping in view of above, your office is again requested to fwd the copy of Section letter for finalize Post release medical Board at MH Jalandhar please. Sanction (3) An early Action is highly appreciated please The CPIO furnished a reply to the Appellant on 17.08.2023 stating as under:
"Information on Para 1. A copy of Engineer-in-Chief's Branch (MES), Coord & Pers Dte/E1A letter No 39560/RTI/Gen/Gp-5/87/E1A dated 23 Jun 2023, vide which information pertaining to your query has been provided, is enclosed herewith."
Content of letter dated 23.06.2023:
"....It is intimated that case for obtaining sanction of competent auth for condonation of delay for holding post disch RMB in r/o JC-330893M Ex Sub Maj/Hony lt. (JE Civ) Gurdarsban Singh of Bengal Engr. Gp is under process..."
Being dissatisfied, the appellant filed a First Appeal dated 14.09.2023. The FAA vide its order dated 19.10.2023, held as under.
1. AND WHEREAS, aggrieved by the response of the PIO at Integrated Headquarters of MoD (Army), Sub Maj (Hony Lt) Gurdarshan Singh (Retd) preferred an appeal dated 14 Sep 2023, under the provisions of section 19 (1) of the said Act, stating that he is not satisfied with the information provided as requested vide his application dated 09 Jun 2023.
Page 2 of 62. AND NOW THEREFORE, after having perused all the records and after hearing views of the nodal officer, I find that reply provisioned to the appellant by the CPIO vide RTI Cell letter No A/810027/RTI/OF-80698 dated 17 Aug 2023 is not complete. I direct CPIO to obtain requisite information from concerned stake holder of Integrated Headquarters of Ministry of Defence (Army) and provision the same to the appellant within two weeks on receipt of this order.
Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Present in person.
Respondent: Mr. Tamojeet Biswas, CPIO along with Mr. Suresh Haobam, GSOI (Line Dte) present in person.
Appellant while reiterating the contents of RTI application stated that sanction letter of Release Medical Board (RMB) regarding his post discharge disability certificate and grant of ex-gratia, was not provided to him till date.
A written submission dated 25.09.2024 filed by Mr. Tamojeet Biswas, CPIO is taken on record, contents of the same is reproduced below for the same of clarity:
"...2. Brief of the Case The appellant Sub Maj (Hony Lt) Gurdarshan Singh had filed RTI application seeking Copy of Sanction Letter of Release Medical Board (RMB).
3 Application under RTI Appellant's initial RTI application dt 09 Jun 2023 seeking Copy of Sanction Letter of Release Medical Board (RMB) was received at this RTI Cell on 30 Jun 2023. Case was processed with concerned agencies of this Headquarters. In between an interim reply was sent to the appellant vide RTI Cell letter No A/810027/RTI/OF 80698 dt 01 Aug 2023 (copy enclosed) stating that the case is under process with concerned agency of this Headquarters and it will take some more time to provision the information requested for subject to availability of information with concerned agency. Based upon the inputs/ reply received from the agency, information was provisioned to the appellant vide this RTI Cell letter No A/810027/RTI/OF 80698 dt 17 Aug 2023 (copy enclosed).
Page 3 of 64. First Appeal. Appellant filed First Appeal dt 14 Sep 2023 being dissatisfied with disposal of the CPIO, which was received at this RTI Ceil on 26 Sep 2023 First Appeal was heard by the First Appellate Authority (FAA), wherein FAA observed that the information as provisioned by the CPIO was not appropriate and further directed the CPIO to obtain requisite information from the concerned agency and provn the same to the appellant. Order of the FAA was complied vide this RTI Cell letter No. A/810027/RTI/OF 80698-6558 (Appeal) dt 07 Nov 2023 (copy enclosed)
5. Appellant had written an application dt 13 Feb 2024 being dissatisfied with disposal of the CPIO which was replied by FAA vide their letter No 8/87008/AG/PM/RTI/6558 dt 22 Feb 2024 (copies enclosed).
6. Second Appeal Notice of hearing for Second Appeal was received at this RTI Cell on 23 Sep 2024 and the same has been listed for hearing at 1230 hrs on 01 Oct 2024.
7 Submission and Recommendation It is submitted that the case has appropriately been disposed by the CPIO, IHQ of MoD (Army) vide letter mentioned at Para 3 above. Hence, it is recommended that case be disposed as the information sought by the appellant has already been provisioned as available/ held with the concerned agency of this Headquarters.
8: It is also pertinent to mention that, appellant has filed 05 (Five) RTI applications (list enclosed) on similar lines with this Cell mostly related to personal grievances & complaints which serve no larger public interest and amounts to using RTI as tool/ mechanism to seek redressal to his personal complaints/ grievances.
9 It is also intimated that copy of this submission could not be forwarded to the appellant through email as his email address is neither mentioned in his initial RTI application nor in his First Appeal! Second Appeal."
Respondent while reiterating the contents of his written submission stated that reply has already been provided to the appellant.
Mr. Suresh Haobam, GSOI (Line Dte) apprised the Commission that appellant, Ex Sub Maj (Hony Lt) Gurdarshan Singh was enrolled in the Army on 09.01.1984 and discharged from service on 30 Sep 2016 in the rank of Sub Maj Page 4 of 6 (Hony Lt) in med Cat SHAPE-I. His Release Medical Board (RMB) was carried out on 13.02.2016 by Comd Hosp (WC) Chandimandir. On 31.03.2016 while on casual leave (from 28 Mar 2016 to 16 Apr 2016) the individual met with an accident and was admitted at MH Jalandhar on 31.03.2016 with diagnosis of Intercondylar Fracture (Lt) Elbow. After hospital admission and later sick leave he was discharged from service on 30 Sep 2016 in med cat SHAPE-1. In 2019, three years after his discharge from service the JCO applied and was issued a disability certificate for purpose of ex gratia grant at MH Jalandhar for injury which he had sustained in 2016 while on leave. Since, the injury sustained by him was not a battle casualty, the certificate issued by MH Jalandhar assessing 60% disability was found irregular and in contravention of the orders/rules on the subject and is therefore, declared null and void. AG's Br/ PS Dte has recommended cancellation of Disability Certificate issued by MH Jalandhar. The same has been concurred by JAG Br. accordingly, the MH Jalandhar was directed to cancel the Disability Certificate issued to the appellant on 19.01.2019 Jan 2019 and this fact was also informed to him, accordingly.
On the advice of the Commission, Mr. Suresh Haobam, GSOI (Line Dte) agreed to send a suitable reply to the appellant and upload the same as an additional written submission with the CIC by incorporating the facts as mentioned above.
Decision:
The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, observes that as far as RTI application is concerned appropriate response has been provided to the appellant vide letters dated 17.08.2023 and now vide letter dated 25.09.2024 respectively, which is as per the provisions of the RTI Act.
It is noteworthy that the CPIO is only a communicator of information based on the records held in the office and hence, he is not expected to create information as per the desire of the Appellant. Further, the issue flagged by the appellant during hearing is a matter of grievance which cannot be resolved under the mandate of the RTI Act. Hence, no scope of relief lies in this matter.Page 5 of 6
Nonetheless, as per the commitments made during hearing, Respondent is directed to send a revised and updated reply to the appellant and upload the same by incorporating the facts as mentioned above at the link given in the hearing notice. This direction should be complied within two weeks from the date of receipt of this order.
FAA to ensure compliance of the directions.
The appeal is disposed of accordingly.
Vinod Kumar Tiwari (विनोद कुमार वििारी) Information Commissioner (सूचना आयुक्त) Authenticated true copy (अनिप्रमानणर् सत्यानपर् प्रनर्) (S. Anantharaman) Dy. Registrar 011- 26181927 Date Copy To:
The FAA, Provost Marshal and Appellant Authority Office, Adjustant General's Branch, Integrated HQ of MoD (Army), Defence Offices Complex, KG Marg, A Block, DHQ PO - New Delhi - 110001 Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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