Central Information Commission
K Ashok Kumar vs Army Hq on 18 March, 2026
के ीय सूचना आयोग
Central Information Commission
बाबा गंगनाथ माग, मुिनरका
Baba Gangnath Marg, Munirka
नई िद ी, New Delhi - 110067
File No: CIC/ARMHQ/A/2024/127188
K Ashok Kumar ....अपीलकता/Appellant
VERSUS
बनाम
.... ितवादीगण /Respondent
The CPIO
RTI Cell,
Addl DG AE, G-6, D-1 Wing,
IHQ of MOD (Army),
Sena Bhawan, Gate No 4,
New Delhi-110011
Date of Hearing : 17.03.2026
Date of Decision : 18.03.2026
INFORMATION COMMISSIONER : SANJEEV KUMAR JINDAL
Relevant facts emerging from second appeal:
RTI application filed on : 26.04.2024
CPIO replied on : 31.05.2024
First appeal filed on : 14.06.2024
First Appellate Authority's order : 05.08.2024
Second Appeal dated : 29.08.2024
Page 1 of 7
Information sought:
1. The Appellant filed an RTI application dated 26.04.2024 seeking the following information:
"As per RTI act I am interested to know the following
1) Number of ECHS cards as on 31/03/2023 in private, semi- private and general category
2) Fund in flow separately from private, semi-private and general category from 01.04.2022 to 31.03.2023 and expenditure occurred separately for each category during the same period.
3) Government fund provided for each category in the same period".
2. The CPIO furnished a reply to the Appellant on 31.05.2024 stating as under:
" 1) Please refer this office letter No A/810027/RTI/OF_86607 dated 26 Apr 2024.
2) Information on Para 1 to 3 : An extract of Note of concerned agency of this HQ, vide which information pertaining to your query has been provided, is enclosed herewith.
Query Query Raised by Individual Reply
No
Please provide the following information under RTI Act, 2005.
1. Number of ECHS cards as on The RTI Act 2005 provides for 31/03/2023 in private, semi- the furnishing of information private and general category which already exists in a
2. Fund in flow separately from written/ recorded/ private, semi-private and microfilmed form. The general category from information asked vide this 01.04.2022 to 31.03.2023 and application under the RTI Act expenditure occurred is not available in a written, separately for each category recorded or microfilmed form during the same period. at ECHS. Hence, it cannot be provided.
3. Government fund provided for each category in the same period
3) This disposes your RTI application dated 12 Apr 2024".
Page 2 of 73. Being dissatisfied, the appellant filed a First Appeal on dated 14.06.2024. The FAA vide its order on 05.08.2024 stated as under:
"1) WHEREAS, Shri K Ashok Kumar vide application dated 12 Apr 2024, had sought information under Right to Information Act 2005.
2) AND WHEREAS, the CPIO at Integrated Headquarters of MoD (Army), vide their letter No A/810027/RTI/OF-86607 dated 31 May 2024 has provisioned reply to the said application.
3) AND WHEREAS, aggrieved by the response of the PIO at Integrated Headquarters of MoD (Army), Shri K Ashok Kumar preferred an appeal dated Nil, 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 12 Apr 2024.
4) 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-86607 dated 31 May 2024 is not complete.
I, further direct CPIO to obtain additional information from concerned agency of Integrated Headquarters of Ministry of Defence (Army) and provision the same to the appellant within two weeks on receipt of this order.
5) The appeal is therefore disposed of accordingly".
On dated 09.08.2024 reply was furnished by the respondent CPIO in compliance with the orders of FAA stating as under:
"There is no data wrt private, semi-pvt and general category of ECHS beneficiaries as on 31 Mar 2023 available with CO ECHS. However, the current details of ECHS beneficiaries are as follows:-
(a) Private Category - 1,74,294
(b) Semi Pvt Category 17,83,481
(c) General Category - 43,83,382 It is informed that there is no sepaete budget allotted to ECHS for private, Demi private and general category. Further, during the FY 2022-23 (01 Apr 2022 to Mar 2023) total Rs. 54.86 Cr was allotted to ECHS for payment to empanelled hospitals."
4. Feeling aggrieved and dissatisfied, appellant approached the Commission with the instant Second Appeal.
Page 3 of 7Relevant Facts emerged during Hearing:
The following were present:-
Appellant: Mr. K. Ashok Kumar Respondent: Brig. JM Sharma, IHQ of MOD (Army)
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 provided by the respondent is incomplete and not in accordance with the queries raised in the RTI application. He submitted that specific category-wise details regarding ECHS cards and fund allocation/expenditure were sought, however, the respondent failed to furnish precise and complete information. He stated that each ECHS card holder pays monthly subscription fee and information must be available with the department.
7. The respondent while defending their case inter alia submitted that reply was given as per the information available with the department and no category-wise data (private, semi-private and general) with respect to ECHS cards as on 31.03.2023 is maintained in the records. Further, it was submitted that there is no separate budget allocation or fund segregation maintained for different categories of beds. The respondent further submitted that compliance with the FAA's order was duly made and additional information was provided vide letter dated 09.08.2024, wherein the category wise details of ECHS beneficiaries was provided to the appellant.
8. Written submissions dated 11.03.2026 and 17.03.2026 filed by the respondent CPIO is taken on record which states that appellant had filed an RTI application seeking information regarding the number of ECHS cards as on 31.03.2023 in private, semi-private and general categories, along with government funds provided for each category. It is stated that the RTI application dated 12.04.2024 was received on 23.04.2024 and processed with the concerned agency, and based on their inputs, information was provided to the appellant vide letter dated 31.05.2024. It is further stated that the First Appeal was decided on 05.08.2024, wherein the FAA directed provision of additional information, which was duly complied with and furnished to the appellant vide letter dated 09.08.2024. It is stated that the ECHS contribution by Ex-Servicemen is governed by MoD/Department of Ex-Servicemen Welfare letter dated 29.12.2017, and that Ex-Servicemen make a one-time contribution upon Page 4 of 7 retirement based on their rank; hence, the appellant's contention regarding a monthly contribution of Rs. 1000/- is incorrect. It is further stated that the contribution towards ECHS is deducted at the time of PPO generation by PCDA (Prayagraj) for JCOs/ORs and PCDA (O) for officers and is remitted directly to the Government Treasury, and that ECHS does not hold any funds under this category. It is also stated that MTRE funds are allotted by the Government of India like other public funds in two phases, i.e., BE and RE, and due to factors such as carry forward liabilities, pending bills, and phased budget release, fund availability remains critical; such funds are disbursed to Regional CDA offices for payment to empanelled hospitals against pending claims upon receipt. Copy of written submissions is found endorsed to the appellant.
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 RTI application pertains to alleged incomplete and non-specific information furnished by the Respondent with respect to category-wise details of ECHS cards (private, semi-private and general) as on 31.03.2023 and the corresponding fund allocation/expenditure.
The Commission notes that the respondent has categorically submitted that no such category-wise data of ECHS cards, as sought by the Appellant, is maintained in their records. It is further submitted that there is no segregation of funds-maintained category-wise (i.e., private, semi- private, general beds), as the allocation and disbursement of funds is carried out in a consolidated manner. In this regard, the Commission finds merit in the submission of the respondent that information under the Right to Information Act, 2005 can only be provided if it exists and is available on record. The Act does not cast an obligation upon the public authority to create or collate information in a manner not maintained by it.
The Commission further observes that the respondent has explained the procedural aspects relating to ECHS contributions, clarifying that the same is a one-time contribution made at the time of retirement as per the policy of the Ministry of Defence, and not a recurring monthly subscription as contended by the Appellant.
It is also noted that the Respondent has provided a detailed explanation regarding the flow of funds, stating that contributions are deducted at the Page 5 of 7 stage of PPO generation and directly remitted to the Government Treasury, and that ECHS does not retain such funds. Additionally, the Commission takes note of the explanation regarding MTRE funds being allocated in Budget Estimates (BE) and Revised Estimates (RE) phases and disbursed to Regional CDA offices for settlement of claims of empanelled hospitals. The Commission finds that these submissions sufficiently clarify the financial mechanism involved and the absence of category-wise fund allocation.
Further, the Commission notes that the RTI application was duly processed and a reply was furnished within the stipulated time frame. The First Appellate Authority also adjudicated the matter and directed the provision of additional information, which was complied with by the respondent vide letter dated 09.08.2024. The Commission is satisfied that due diligence has been exercised by the Respondent in responding to the RTI application and in complying with the FAA's order.
In view of the above, the Commission concludes that the Respondent has provided information as available on record and has adequately clarified the queries raised by the Appellant. The Commission also reiterates that where specific information is not maintained in the form sought by the appellant, the same cannot be directed to be created or compiled by the respondent.
Accordingly, no further intervention of the Commission is warranted in the matter.
With the above observations, the appeal is disposed of.
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SANJEEV KUMAR JINDAL(संजीव कुमार िजंदल) Information Commissioner (सूचना आयु ) date: 18.03.2026 Authenticated true copy (अिभ मािणत स ािपत ित) (SK Chitkara) Dy Registrar 011- 26107051 Page 6 of 7 Addresses of the Parties:
1. The CPIO RTI Cell, Addl DG AE, G-6, D-1 Wing, IHQ of MOD (Army), Sena Bhawan, Gate No 4, New Delhi-110011
2. K Ashok Kumar Page 7 of 7 Recomendation(s) to PA under section 25(5) of the RTI Act, 2005:-
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