Central Information Commission
K Narasimha Rao vs Indian Army on 9 March, 2026
के ीय सूचना आयोग
Central Information Commission
बाबा गं गनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/IARMY/A/2024/122736
K Narasimha Rao ....अपीलकता/Appellant
VERSUS
बनाम
.... ितवादीगण /Respondent
The CPIO,
Headquarters, Eastern Naval Command,
Naval Base Post, Visakhapatnam - 530 014
Date of Hearing : 06.03.2026
Date of Decision : 09.03.2026
INFORMATION COMMISSIONER : SANJEEV KUMAR JINDAL
Relevant facts emerging from second appeal:
RTI application filed on : 12.12.2023
CPIO replied on : 26.02.2024
First appeal filed on : 25.01.2024
First Appellate Authority's order : 12.03.2024
2nd Appeal dated : 19.07.2024
Page 1 of 6
Information sought:
1. The Appellant filed an RTI application dated 12.12.2023 seeking the following information:
"My promotion, improper pay fixation, DCPs review DPCs and improper restructuring.
Please provide below information with order copy required. a. I was joined as SK on 11.05.1988 even I was scored HS II marks, vacancies available 2 yrs eligible services for Sk to HS II promotion as on that day RRS, even though my promotion implemented after 20 yrs un 9-5-2008. At the sometime my junior in my trade got SK to Hs II promotion with in 7 yrs even 8 yrs required as per existing RRS on that day. Please issue information for nil promotion till 20 yrs. b. Please provide information for reservations are applicable or not applicable for Sk to HS II, HS II to HS I, & MCM promotions under relaxation clause as per 14-06-2010 restricting and SRO 43/2012 (2013-14, 2014-15 review DPs) c. Please provide information number of MCMs promotes as per 14-06- 2010 restructuring order from 1-1-2006 to 14-6-2010 year wise, trade wise details required.
d. Please provide my weapon department forwarded assumption duties odder copies for CEO/A/8298/2013, CEO/A/56/2014 dated 1/2/2014 and CEO/A/516/PEP/2015 of HS II, HS I,MCM promotes from weapon department between 1/9/2008 To 31-12-2015 e. Please provide DOE (CEO) order copy for HS II to HS I promotion of 2013-14 & 2014-15 review DOCs as per CEO/A/516/PEP/2015 for HS II to HS I promotes required.
f. Please provide information for non-consideration as HS I in 2013-14 review DPC CEO/A/516/2015 for me and 207,2008 HS promotes even several vacancies available and consider my junior most 2010 HS II promotes without HS I quality.
g. Please issue information for my 1st promotion given after 20 yrs even vacancies available in 1990, 1994, 1996, 2003 & 1-1-2006. At the same time my 13 yrs junior in my trade got 5 promotion within spend of 6 yrs (in total 20 yrs service) without qualifies for HS ii to HS I, without 5 yr eligible service from HS II to HS I without 8 yrs service from HSK/HS I to CM, details information required. h. Finances, benefit (Increment) on promotion / DCPs is my fundamental right but not implemented properly for my MCM,CM, MACps and recover my salary. At the same time i was around increment high than juniors 10087, 10088 a son 1/12/2015, but was around less salary as on 1/12/2023. So please provide my pay Page 2 of 6 fixation/ recoveries due drawn settlement from 1/12/2015 to 1/12/2013 required even personally not give. i. As per 6th CPC tradesmen charges as 4 tier from 2 tier, TSS charges as
2 tier from 4 tier with effect from 1-1-2006. But this charges implemented only for tradesmen, not implemented for T& S, my trade cost lot & promotion on that issue 59 electronic fitters submitted representation on 19/2/2014, reply given re-costing under process with in shortly completed given reply on 20/2/2015 as PIO /0128/12/05. Please specify status and taken action with order copy required.
j. In 2017-18 OM DPC most of my 13 yrs juniors is my trade were promoted as CM without 8 yrs mandatory services as on circular dated, the same people were promoted as HS I from HS II without 5 yrs eligible services and without qualify for HS II to HS I as per SRO 43/2012, before my CM promotion in 2016 DPC M/Legal & others submitted false affidavit on behalf of ASD (U) please issue information, this affidavit submitted with your willing of knowledge or false affidavit.
k. Please issue information with order copy for TSS promotions following in trade wise, feeder grade tradesmen promotions in whole yard as single trade cutoff date system. Provide following guidelines copy.
l. Please information for hundred of MCM and HS I vacancies unfilled even senior most eligible employees available in this yard. As per 14- 6-2010 restructuring order from 1-1-2006 to 14-6-2010.
2. The CPIO furnished a reply to the Appellant on 26.02.2024 stating as under:
"Query wise response to your RTI application based on inputs received from Naval Dockyard (Visakhapatnam) is as follows: -
a) Query No. A, B, F, G, J and L. The information sought does not fall under the definition of the information under Section 2 (f) of the RTI Act, 2005.
b) Query No. C, E and D. The information sought is considered as third party information and cannot be provided under Section 8 (1) (j) of the RTI Act, 2005.
c) Query No. H. Due drawn statements are placed at enclosure.
d) Query No. I. The information sought wrt DPC on TSS 2 tier structure cannot be provided as the matter is subjudice.
e) Query No. K. The information sought is vague".
3. Being dissatisfied, the appellant filed a First Appeal dated 25.01.2024. The FAA vide its order dated 12.03.2024 stated as under:
Page 3 of 6"Your appeal has been examined in accordance with the extant provisions of the RTI Act, 2005 along with submission of PIO. The interim response letter PIO/0128/DEC 23/18 dated 19 Jan 24 was made view information sought by you from the year 2008 was not readily available and had to be sourced from old records. The same was dispatched within mandatory 30 days of receipt of RTI application on 21 Dec 23, which is well within the time limit. Subsequently, relevant information has been provided to you vide IQENC/ PIO letter PIO/0128/DEC 23/18 dated 26 Feb 24. Your appeal under reference is hereby disposed of".
4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Mr. K. Narsimha Rao Respondent: Commander Salasam, Eastern Naval Command
5. Proof of having served a copy of Second Appeal on Respondent, while filing the same in CIC, is not available on record
6. The Appellant inter alia submitted that the information sought through the RTI application was not provided within the stipulated time period prescribed under the RTI Act, 2005. He further contended that the reply furnished by the CPIO was incomplete and most of the queries were either denied or not properly addressed. He also stated that denial of information under Section 2(f) and Section 8(1)(j) was not justified as he had sought factual and record-based information.
7. The respondent while defending their case inter alia submitted that an interim reply was provided to the appellant on 19.01.2024 informing him that the information sought was not readily available and had to be sourced from old records. Thereafter, a final reply was provided on 26.02.2024 based on inputs received from Naval Dockyard (Visakhapatnam). It was further submitted that several queries raised by the appellant were in the nature of explanations, grievances and hypothetical questions which do not fall within the definition of "information" under Section 2(f) of the RTI Act. The respondent also stated that certain queries involved third party information and were therefore denied under Section 8(1)(j) of the RTI Act. Additionally, it was submitted that one of the issues raised by the appellant is sub judice.
8. Written submission dated 03.03.2026 filed by the respondent CPIO is taken on record which states that an interim reply was provided to the appellant Page 4 of 6 on 19.01.2024 intimating delay as the information sought was not readily available and had to be sourced from old records. Subsequently, the RTI application was disposed of vide letter dated 26.02.2024. Query-wise response was furnished as follows: Query Nos. A, B, F, G, J and L were stated to be beyond the definition of "information" under Section 2(f) of the RTI Act, 2005; Query Nos. C, D and E were denied as third party information under Section 8(1)(j). Fuhrer, Query No. I relating to DPC on TSS 2 tier structure was not provided as the matter is sub judice. The appellant filed First Appeal dated 25.01.2024 alleging non-receipt of information within the statutory time limit.
Decision:
9. The Commission after adverting to the facts and circumstances of the case, hearing both the parties and perusal of the records, notes that the respondent CPIO had not appropriately examined some of the queries raised in the RTI application. The Commission notes that Query No. C seeks only numerical data regarding the number of promotions granted under the restructuring order and does not involve disclosure of personal details. Therefore, denial of this information under Section 8(1)(j) of the RTI Act appears to be unjustified. The Commission further observes that the ground of the matter being sub judice does not automatically bar disclosure of information under the RTI Act unless there is a specific prohibition by a competent court.
In view of the above, the Commission directs the respondent CPIO to re- examine the RTI application and provide a para-wise revised reply to the appellant, within 15 days from the date of receipt of this order, under intimation to the Commission. It is made clear that non-compliance to this direction may attract suo moto penal action as per the RTI Act, 2005.
With the above observation and directions, the appeal is disposed of.
Sd/-
SANJEEV KUMAR JINDAL(सं जीव कुमार िजंदल) Information Commissioner (सू चना आयु ) date: 09.03.2026 Authenticated true copy (अिभ मािणत स ािपत ित) (Col Prabhat Kumar) Dy Registrar 011- 26107051 Page 5 of 6 Addresses of the Parties:
1. The CPIO Headquarters, Eastern Naval Command, Naval Base Post, Visakhapatnam - 530 014
2. K Narasimha Rao Page 6 of 6 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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