Central Information Commission
Lt Col Kumara Raja M S vs Directorate General, Armed Forces ... on 17 February, 2023
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 ली - 110067
Munirka, New Delhi-110067
File no.: - CIC/DGAFM/A/2022/631731
In the matter of
Lt Col Kumara Raja M S
...Appellant
VS
1. Central Public Information Officer
HQ Training Command
Indian Airforce Hebbal, JC Nagar- Post
Bengaluru - 560 006
2. Central Public Information Officer
O/o DGAFMS, Min. of Defence
Office Complex, A Block, 4th & 5th Floor,
Africa Avenue, New Delhi - 110 023
...Respondents
RTI application filed on : 27/12/2021 CPIO replied on : 08/03/2022 First appeal filed on : 15/03/2022 First Appellate Authority order dated : 21/04/2022 Second Appeal dated : 09/05/2022 Date of Hearing : 16/02/2023 Date of Decision : 16/02/2023 The following were present: Appellant: Not present
Respondent: Squadron Leader Parth Srivastava, CPIO, present over VC at Bangalore; Harkesh Chandra, Deputy Director and CPIO's representative, DGAFMS- present over VC at CIC Information Sought:
The appellant has sought the following information:1
1. Provide copy of the noting sheet or inter-office note or letter or document of Command Hospital Airforce Bangalore on which AFMSF 15(2006) Revised (recat med bd) dated 04 May 2021 in respect of the appellant was processed by Medical Board to the Approving Authority of Command Hospital Airforce Bangalore.
2. Provide a copy of the remarks endorsed by the Approving Authority, i.e. Air Cmde Sridhar, Dy. Comdt, CHAFB on the AFMSF 15(2006) revised dated 04 May 2021.
3. Provide a copy of the delay report, delay condonation or relevant report, if any, covering the period of delay (04 May 2021 to 09 Sep 2021) from submission of the AFMSF 15 (2006) Revised, by the Medical Board to the Approving Authority of command Hospital Airforce Bangalore.
4. 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 failed to attend the hearing despite the fact that his request for VC slot in Jodhpur was approved.
The CPIO vide written submissions dated NIL submitted that all the information sought by the appellant in his RTI application and available with concerned public authority at Command Hospital Air Force, Bengaluru (CHAFB) was duly provided by the CPIO vide reply dated 08.03.2022 to the RTI application dated 27.12.2021. Further, the first appeal was disposed of on 21.04.2022. Further, the order of the FAA was also complied with on 26.04.2022 and information in respect of para 2 was given.
He pointed out that the appellant in his second appeal has primarily contended that the remarks/observations given by Air Commodore MS Sridhar, Deputy Commandant, CHAFB as stated in letter dated 24.06.2021 and BM to dated 11.08.2021, were not provided. In that regard, he submitted that since no such information is available with the public authority at CHAFB, hence, the same could not be provided to the appellant. He further submitted that the appellant had not sought any such remarks/observations of Deputy Comamndant, CHAFB. In addition to such information is in any case novel information sought by the appellant at the instant appellate stage. He further submitted that the CIC in many rulings has clearly held that the appellant 2 forum within the statutory framework of the RTI Act, 2005 is not meant for seeking information which was not sought in the RTI application and also that the public authority is only bound to disclose such information as is available with the public authority. He further relied on the CIC order dated 28.01.2014 in case no. CIC/LS/A/2013/001477-SS, dated 03.03.2017 in case no. CIC/SB/A/2016/001025, to support his claim.
He further submitted that the second appeal prima facie indicates that the appellant in the garb of agitating non-disclosure of information has essentially approached the statutory forum of the CIC for seeking redressal of his grievances germinated on account of medical disposal of his case at CHAFB. The primary nature of issues brought out by the appellant vide para 8 of the second appeal unambiguously hints that the appellant is not satisfied with the medical disposal of his case as given by CHAFB. It is noteworthy that the aspect of "medical negligence" has been brought out by the appellant in the instant second appeal wherein the appellant has cast aspersions on the CPIO and the FAA of covering up such "medical negligence" by providing irrelevant and unsatisfactory answers to the appellant instead of providing correct information. The said contention of the appellant clearly established that the appellant is aggrieved with the entire medical disposal of his case and the instant second appeal is a facade, preferred merely to obtain redress to his grievance and not to obtain any information which is otherwise available and not provided by the public authority.
Observations:
Based on a perusal of the record, it was noted that the CPIO vide letter dated 08.03.2022 replied to the appellant and stated that there is no such information available with them in respect of points no. 1,2,3 and 5. In respect of point no. 4 , a suitable reply was given. Though the reply given on 26.04.2022 is not available in the Commission's records,, it appears that the information sought was further given in respect of point no. 4. The CPIO was therefore asked to read the contents of the letter dated 26.04.2022, and the same was found proper.
Decision:
As far as the CPIO's reply is concerned, the information which is not available cannot be given and the grievance relating to alleged medical negligence is 3 outside the purview of the RTI Act. The details of medical proceedings asked for in para 2 was given. Therefore, no action lies.
The appeal is disposed of accordingly.
वनजा एन.
Vanaja N. Sarna (वनजा एन सरना) सरना सूचना आयु ) Information Commissioner (सू Authenticated true copy (अिभ मािणत स यािपत ित) A.K. Assija (ऐ.के . असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 4